THE  DEPARTMENT  OF  STATE 


UNITED   STATES 


TUB  DEPARTMENT  OF  STATE 


UNITED   STATES 


ITS  HISTORY  AND  FUNCTIONS 


WASHINGTON 

DEPARTMENT    OF    STATE 

1893 


Hal  cL 


PREFATORY  LETTER. 


7<7  Sevellon  a.  Brown,  Esq., 

Chief  Clerk  and  Representative  of  the  Department  of  State, 

Governme7it  Board  of  JManagers, 

World'' s  Colutnbian  Exposition. 

Sir :  In  compliance  with  your  instructions,  I  have  the  honor 
to  transmit  an  account  of  the  Department  of  State,  its  history 
and  functions. 

As  far  as  it  has  been  possible  to  do  so,  the  sources  of  infor- 
mation used  have  been  the  archives  of  the  Department  itself. 
These  are,  unfortunately,  not  complete  in  many  instances, 
and  this  has  rendered  it  difficult  to  present  as  perfect  a  picture 
of  the  development  of  the  Department  machinery  as  might  be 
wished. 

The  obfect  sought  is  to  give,  as  briefly  ami  accttrately  as 
possible,  the  history  of  the  formation  of  the  Department,  and 
to  slunv  what  its  duties  are  and  what  they  have  been.  Every- 
thing relating  to  the  diplomatic  history  of  the  Government  has 
been  carefully  excluded,  as  a  part  of  the  general  history  of  the 
United  States. 


202110 


VI  PKEFA  TOR  Y  LE  TTER. 

It  is  believed  that  this  is  the  first  effort  to  present  an  account 
of  the  actual  developtnent  of  one  of  the  Executive  Depart- 
ments. 

It  ivouhl  he  strange  if,  in  a  novel  work  of  this  kind,  there 
should  not  be  errors.  The  early  records  of  the  Government 
are  nearly  all  unprinted,  and  those  liihicli  it  is  desirable  to 
use  are  only  to  be  found  after  careful  and  laborious  searching. 
Some  are  thus  apt  to  be  overlooked ;  but  every  effort  has  been 
made  to  discover  everything  of  importance. 

Some  apology  may  be  necessary  for  the  long  citations  of 
laws ;  but  this  is  done  in  p7uier  to  allow  the  story  to  be  told, 
so  far  as  possible,  in  the  language  of  others. 

I  have  received  assistance  generally  from  the  officers  and 

clerks  in  the  Department,  and  it  xvould  be  unfair  to  name 

a  few  where  so  maiiy  have  cooperated. 

I  am,  Sir, 

Your  obedient  servant, 

Gaillard  Hunt, 

Special  Agent. 
Was/iingion, 

Department  of  State, 

fanuajy,  iSgj. 


CONTENTS. 


Page. 

Prefatory  Letter         v 

I.  Before  the  Constitution i 

II.  Formation  of  the  Department  of  State  ...  43 

III.  The  New  Department — Duties  that  are  No  Longer 

Under  Its  Supervision 63 

IV.  Subdivisions  of  the  Department  of  State       .        .  89 
V.  Duties  of  the  Department  of  State        ...  99 

VI.  Buildings  Occupied  by  the  Department    .        .        .  199 
VII.  Secretaries  for  Foreign  Affairs  and  Secretaries 

of  State 203 

vii 


Sljf  Jlcparliuf lit  of  S>U\U  of  tl|c  lluitcb  Statc0. 


I. 

BEFORE    THE    CONSTITUTION. 

nnHE  first  Congress  of  the  Revolution  as- 
sembled in  Carpenter's  Hall,  Philadel- 
phia, September  5,  1774.  An  address  to  the 
King  of  England  was  adopted  and  transmitted 
to  the  agents  of  several  of  the  Colonies  in  Lon- 
don, with  instructions  to  present  it  to  the  King. 
They  were  to  ask  the  aid  of  such  Englishmen 
as  they  might  have  reason  to  believe  were 
"Friends  to  American  Liberty."  These  in- 
structions were  drafted  October  26,  1774,  by 
John  Jay  and  Richard  Henry  Lee,'^'  and  were 
sent  to  Paul  Wentworth,  who  represented  New 

*  Secret  Journals  of  Congress,  I,  58. 


2  BEFORE   THE  CONSTITUTION. 

Hampshire  ;'•'  Charles  Garth,  a  member  of  Par- 
liament, the  aofent  of  South  Carolina ;  William 
Bollan,  agent  of  the  Massachusetts  Council ; 
Thomas  Life,  the  ao^ent  of  Connecticut;  Ed- 
mund  Burke,  who  had  been  chosen  ag-ent  of 
New  York  in  1771  ;  Arthur  Lee,  who  held  an 
appointment  to  succeed  Benjamin  Franklin  as 
agent  of  the  Massachusetts  Assembly;  and 
Franklin  himself,  who  had  been  appointed  in 
1765  agent  of  Pennsylvania,  in  1768  of  Georgia, 
in  the  same  year  of  New  Jersey,  and  in  1770 
of  the  Massachusetts  Assembly.  For  the  first 
time,  these  agents  were  deputed  to  act  for  the 
"United  Colonies;"  but  Bollan,  Lee,  and 
Franklin,  who  alone,  according  to  Franklin, 
"  properly  had  anything  to  do  with  the  tea 
business, "t  were  the  only  ones  who  accepted 
the  office.     Their  duties  were,  to  a  certain  ex- 

*  Force's  American  Archives  (fourth  series),  I,  938,  gives  the  names  of  the  Colo- 
nies these  agents  represented.  Wentworlh  soon  afterwards  hecame  a  secret  agent 
of  the  British  Cjovernment,  and  entered  into  active  correspondence  with  the  Earl  of 
Suffolk  and  William  Eden,  furnishing  them  with  information  concerning  the  prog- 
ress of  American  affairs.  (See  Stevens'  Facsimiles  of  Manuscripts  in  European 
Archives  Relating  to  America.) 

t  Works  (Bigelow's  edition),  V,  509. 


BEFORE  THE  COXSTITUTION.  3 

tent,  diplomatic,  and  they  were  the  representa- 
tives of  a  power  that  was  soon  to  become  inde- 
pendent. 

The  first  effort  by  the  Congress  to  estabhsh 
a  foreien  service  and  a  channel  throuorh  which 
to  conduct  its  business  was  made  Noveniber 
29,  1775,  when  the  Secret  Committee  of  Cor- 
respondence was  created  by  the  following  reso- 
lutions: 

Resolved,  that  a  committee  of  five  be  appointed  for  the 
sole  purpose  of  corresponding  with  our  friends  in  Great 
Britain,  Ireland,  and  other  parts  of  the  world ;  and  that 
they  lay  their  correspondence  before  Congress  when  di- 
rected. 

Resolved,  that  this  Congress  will  make  provision  to  de- 
fray all  such  expenses  as  may  arise  by  carrying  on  such 
correspondence,  and  for  the  payments  of  such  agents  as 
they  may  send  on  this  service. 

The  members  chosen — Mr.  Harrison,  Dr.  Franklin,  Mr. 
Dickinson,  Mr.  Johnson  and  Mr.  Jay.* 

Franklin  was  chairman.  The  Committee  at 
once  opened  correspondence  with  several  resi- 

*Secret  Journals  of  Congress,  II,  5. 


4  BEFORE   THE  CONSTITUTION. 

dents  of  Europe,  chief  among  whom  were  Ar- 
thur Lee,  who  was  instructed  to  communicate 
with  Count  Vergennes,  in  Paris,  and  Charles 
W.  F.  Dumas,  a  Swiss  gentleman,  then  resid- 
ing at  the  Hague,  a  friend  of  Franklin's  and  a 
student  of  international  law.'='  The  first  repre- 
sentative sent  by  the  Committee  abroad  was 
Silas  Deane,  of  Connecticut.  His  instructions, f 
dated  March  3,  1776,  are  to  appear  in  France 
**in  the  character  of  a  merchant,"  as  the  "Court 
of  France  may  not  like  it  should  be  known 
publicly  that  any  agent  from  the  Colonies  is  in 
that  country,"  but  to  confide  to  Count  Ver- 
gennes that  he  has  come  "upon  business  of 
the  American  Cono-ress."  He  is  to  endeavor 
to  obtain  arms  and  ammunition  for  the  defense 
of  the  Colonies,  and  to  ascertain  whether,  in 
the  event  of  their  beinof  "forced  to  form  them- 
selves  into  an  independent  state,"  France  would 

*  Parton's  Franklin,  II,  3.  Dumas  afterwards  acted  with  John  Adams  when  the 
latter  was  on  his  mission  to  the  Hague,  and  held  office  after  the  adoption  of  the  Con- 
stitution (see  p.  67). 

■|" Diplomatic  Correspondence,  I,  8, 


BEFORE   THE  CONSTITUTION.  5 

feel  disposed  to  enter  into  a  treaty  of  friendship 
and  alliance  with  them. 

September  26,  1776,  the  mission  to  France 
was  made  a  Commission,  with  Deane,  Frank- 
lin, and  Jefferson  as  the  members.  They  were 
elected  by  Congress,  and  a  committee  com- 
posed of  Robert  Morris,  Richard  Henry  Lee, 
George  Wythe,  and  John  Adams  was  chosen 
"to  prepare  a  draft  of  letters  of  credence  to 
the  Commissioners "  and  their  instructions.''' 
Jefferson  declining  to  serve,  Arthur  Lee  was 
elected  in  his  place. *|*  The  Secret  Committee 
was  composed  at  this  time  of  Benjamin  Harri- 
son, Richard  Henry  Lee,  John  Witherspoon, 
and  William  Hooper,  but  the  two  last  did  not 
act  continuously.  ;j; 

It  was  decided  later  to  send  Commissioners 
to  other  European  states,  and  Franklin  and 
Arthur  Lee  were  selected  for  Spain,  Ralph  Izard 

*  Secret  Journals  of  Congress,  II.  31. 

+  //vV.,  11,35. 

X  Department  of  State  MS.  archives. 


6  BEFORE   THE  CONSTITUTION. 

for  Tuscany,  and  William  Lee  for  Vienna  and 
Berlin/'' 

The  functions  of  die  Secret  Committee  of 
Correspondence,  after  its  first  action,  do  not  ap- 
pear to  have  been  important.  Arthur  Lee  and 
Thomas  Morris,  whgj  acted  as  the  commercial 
agents  of  the  Colonies  while  the  committee  was 
still  in  existence,  did  not  correspond  with  it,  but 
were  under  the  jurisdiction  of  the  Secret  Com- 
mittee of  Congress,  a  separate  committee  from 
the  Secret  Committee  of  Correspondence,  "As 
all  affairs  relative  to  the  conduct  of  commerce 
and  remittance,"  wrote  the  latter  to  the  Com- 
missioners at  Paris,  "pass  through  another  de- 
partment, we  beg  leave  to  refer  you  to  the 
Secret  Committee,  and  Mr.  Thomas  Morris, 
their  agent  in  France,  for  every  information  on 
these  subjects. "f 

On  April  17,  1777,  the  title  of  the  Committee 
was  changed,  and  it  became  the  "Committee  of 

*  Secret  Journals  of  Congress,  II,  45.     They  did  not  perform  diplomatic  functions 
at  these  courts,  however. 

t  Letters  of  William  I,ee,  I,  195. 


BEFORE   THE  CONSTITUTION.  7 

Foreiofn  Affairs."  The  first  members  were 
Benjamin  Harrison,  Robert  Morris,  Thomas 
Hayward,  jr.,  and  James  Lovell.  Hay  ward  did 
not  act  after  August,  and  in  October  John 
Witherspoon  went  on  the  Committee,  and  later 
Richard  Henry  Lee.  The  first  Secretary  of 
the  Committee  was  Thomas  Paine,  appointed 
at  a  salary  of  $70  per  month.'-'  He  severed 
his  connection  with  it  in  January,  1779.-I-  The 
chief  function  of  the  Committee  was  to  furnish 
the  agents  of  the  Government  abroad  with  full 
accounts  of  the  course  of  events  in  America. 
Beyond  that  it  acted  simply  as  an  agent  to  exe- 
cute the  orders  of  Congress,  and  was  intrusted 
with  few  of  the  duties  that  subsequently  per- 
tained to  it.  The  members  of  the  Committee 
were  being  constantly  changed,  and  the  com- 
munications reflected  the  opinions  of  those  who 
happened  to  be  serving  at  the  time  they  were 
sent. 

*  Department  of  State  MS.  archives. 

f  Paine  was  dismissed  by  Congress  for  making  an  ofTicial  matter  public.  An  ex- 
planation and  a  defense  of  his  conduct  may  lie  found  in  Conway's  Life  of  Paine,  I, 
90  ct  seq. 


8  BEFORE   THE  CONSTITUTION. 

Communications  relative  to  foreig-n  affairs 
were  usually  referred  by  Congress  to  special 
committees;  and  May  1,1777,  less  than  a  month 
after  the  Foreign  Affairs  Committee  had  been 
instituted,  John  Wilson,  John  Adams,  and  Rich- 
ard Henry  Lee  were  selected  a  committee  to 
"inquire  into  the  laws  and  customs  of  nations 
respecting  neutrality,  and  to  report  their  opin- 
ion, whether  the  conduct  of  the  King  of  Portu- 
gal, in  forbidding  the  vessels  of  the  United 
States  to  enter  his  ports,  and  ordering  those 
already  there  to  depart  at  a  short  day  is  not  a 
breach  of  the  laws  of  neutrality,"'''  Inquiries 
of  this  character,  it  might  reasonably  be  ex- 
pected, would  fall  within  the  functions  of  the 
Foreign  Affairs  Committee,  but  rarely  ciid  so. 

The  communications  of  the  Committee  were 
usually  signed  by  several  of  the  members ;  but 
Lovell  signed  them — often  "for  the  Commit- 
tee"— continuously  up  to  the  time  the  Com- 
mittee was  superseded  by  the  Department  of 

*  Secret  Journals  of  Congress,  11,44. 


BF.FORE   THE  CONST/TUTION.  9 

Foreign  Affairs.  It  is  fair  to  presume,  there- 
fore, that  he  was  the  most  active  member  of  the 
Committee,  and  that  its  business  was  carried  on 
chiefly  by  him.  '=' 

The  first  pubhc  recognition  of  the  independ- 
ence of  the  United  States  by  a  foreign  power 
was  recorded  in  the  Treaty  of  Amity  and  Com- 
merce and  of  AlHance  Eventual  and  Defensive 
between  the  United  States  and  France,  signed 
at  Paris,  February  6,  1778,  by  Benjamin  Frank- 
hn,  Silas  Deane,  and  Arthur  Lee,  on  the  part  of 
the  United  States,  and  by  C.  A.  Gerard,  on  the 
part  of  France ;  and  following  this  treaty,  in 
July,  1778,  came  Gerard,  the  first  representa- 
tive of  a  foreign  state  to  the  United  States.  He 
was  styled  Minister  Plenipotentiary,  f  and  bore 
a  commission  also  as  Consul-General.  J 

*  James  Lovell  was  born  in  Boston,  October  31, 1737,  graduated  at  Harvard  in  1756, 
and  was  a  school-teacher.  He  was  imprisoned  by  the  British  after  Bunker  Hill 
battle,  but  exchanged,  and  entered  Congress  December,  1776,  serving  till  1782.  He 
espoused  the  cause  of  General  Gates  against  Washington  (Appleton's  Cyclopaedia 
of  American  Biography).  He  was  a  member  of  the  Committee  of  1779  to  furnish  a 
design  for  a  seal  of  the  United  States,  but  the  design  was  not  adopted  (The  Seal  of 
the  United  States,  Department  of  State,  1892). 

■[■Secret  Journals  of  Congress,  H,  92. 

X  Department  of  State  MS.  archives. 


lO  BEFORE  THE  CONSTITUTION. 

Soon  after  his  arrival,  he  transmitted  to  the 
President  of  Congress  a  copy  of  the  speech  he 
intended  to  deliver  at  his  first  audience,  and  it 
was  referred,  with  the  question  of  the  cere- 
monies to  be  observed  in  receiving  him,  to  R. 
H.  Lee,  Robert  Morris,  and  Witherspoon.* 
They  prefaced  their  report  with  the  following 
"observations : " 

That  Ministers  being  of  three  different  classes,  viz.  i. 
ambassadors,  2.  Ministers  Plenipotentiary  and  Envoys  and 
3.  Residents,  it  will  be  necessary  to  establish  a  ceremonial 
for  each  according  to  their  respective  Dignity.  That  your 
Committee  report  for  an  Ambassador  the  following  Cere- 
monial, viz — 

When  he  shall  arrive  within  any  of  the  United  States  he 
shall  receive  from  any  Battery,  Fort  or  Castle  the  same 
salute  or  other  Honors  which  are  paid  to  the  Flag  of  the 
Prince  or  State  which  he  shall  represent  f  and  when  he 
shall  arrive  at  the  Place  which  the  Congress  shall  be  he 
shall  wait  upon  the  President  and  deliver  his  credentials  or 
copies  thereof.  Three  members  of  Congress  shall  then  be 
deputed  to  wait  upon  him.-i^ 

*  Department  of  State  MS.  archives. 

f  "Also  at  all  Places  where  there  are  guards  Gentries  and  the  like  he  shall  receive 
the  same  military  Honors  and  Respect  which  are  paid  to  a  (ieneral  ofllcer  in  the 
service  of  the  United  States  of  the  highest  Rank."     (Note  in  original  MS.) 


BEFORE   THE  CONSTITUTION.  I  I 

For  a  Resident  Minister  the  committee  pro- 
posed to  omit  the  honor  of  escort  by  three  mem- 
bers of  Congress  and  to  substitute  a  Master  of 
Ceremonies.  The  other  ceremonies  were  modi- 
fied in  the  same  proportion. 

The  consideration  of  so  much  of  this  report 
as  related  to  Ambassadors  and  Resident  Min- 
isters was  postponed  as  unnecessary  at  the  time. 
The  ceremonies  in  the  case  of  Ministers  Pleni- 
potentiary were  prescribed  in  the  following  reso- 
lutions which  were  adopted: 

At  the  time  he  is  to  receive  his  audience,  the  two  mem- 
bers [who  are  to  act  as  his  escort]  shall  again  wait  upon 
him  in  a  coach  belonging  to  the  States;  and  the  person 
first  named  of  the  two  shall  return  with  the  minister  pleni- 
potentiary or  envoy  in  the  coach,  giving  the  minister  the 
right  hand  and  placing  himself  on  his  left,  with  the  other 
member  on  the  front  seat. 

When  the  minister  plenipotentiary  or  envoy  is  arrived 
at  the  door  of  the  Congress  hall,  he  shall  be  introduced  to 
his  chair  by  the  two  members,  who  shall  stand  at  his  left 
hand.  Then  the  member  first  named  shall  present  and  an- 
nounce him  to  the  President  and  the  house;  whereupon  he 
shall  bow  to  the  President  and  the  Congress,  and  they  to 


12  BEFORE   THE  CONSTITUTION. 

him.  He  and  the  President  shall  again  bow  unto  each 
other,  and  be  seated,  after  which  the  house  shall  sit  down. 

Having  spoken  and  been  answered,  the  minister  and 
President  shall  bow  to  each  other,  at  which  time  the  house 
shall  bow,  and  then  he  shall  be  conducted  home  in  the 
manner  in  which  he  was  brought  to  the  house. 

Those  who  shall  wait  upon  the  Minister,  shall  inform 
him,  that,  if  in  any  audience  he  shall  choose  to  speak  on 
matters  of  business,  it  will  be  necessary  previously  to  de- 
liver in  writing  to  the  President,  what  he  intends  to  say  at 
the  audience;  and  if  he  shall  not  incline  thereto,  it  will, 
from  the  Constitution  of  Congress,  be  impracticable  for 
him  to  receive  an  immediate  answer. 

The  style  of  address  to  Congress  shall  be  "Gentlemen 
of  the  Congress." 

All  speeches  or  communications  in  writing  may,  if  the 
public  ministers  choose  it,  be  in  the  language  of  their  re- 
spective countries.  And  all  replies,  or  answers,  shall  be  in 
the  language  of  the  United  States. 

After  the  audience,  the  members  of  Congress  shall  be 
first  visited  by  the  Minister  Plenipotentiary  or  Envoy.* 

These  ceremonies  were  followed  when  the 
French  Minister  had  his  first  audience,  Aucrust 
6,    1778.      The  Committee  of  Foreig^n  Affairs 

*Secret  Journals  of  Congress,  II,  94  et  seq. 


BEFORE  THE  CONSTITUTION.  I  3 

did  not  participate  in  the  ceremonies  as  a  com- 
mittee.''' The  communications  of  the  French 
Minister  were  sent  direct  to  the  President  of 
Congress,  and  were  considered  by  the  whole 
Congress  after  having  been  reported  upon  by 
some  special  committee.  Upon  occasion,  in  the 
event  of  some  communication  of  importance, 
the  President  of  Congress  would  declare  that, 
in  his  opinion,  it  was  expedient  that  the  Con- 
gress and  the  Minister  should  confer.  The 
latter  would  then  meet  the  Congress  in  com- 
mittee of  the  whole,  and  the  result  of  the  in- 
terview would  be  reported  to  the  Congress 
itself.  The  Minister  held  the  right  to  be  pres- 
ent, however,  when  foreign  affairs  were  beinp" 
discussed,  and  thus  became  a  potent  factor  in 
the  conclusions  reached.  His  dispatches  to  his 
Government  are  in  themselves  a  record  of  the 
proceedings  of  the  Congress. 

The    discussion   of  negotiating   a    treaty  of 


*  After  the  Department  of  Foreign  Affairs  had  been  organized  a  few  unimportant 
changes  were  made  in  these  ceremonies.     (Department  of  State  MS.  archives.) 


14  BEFORE   THE  CONSTITUTION. 

peace  with  Great  Britain  began  in  Congress 
early  in  the  summer  of  1779,  and  August  4  a 
committee  of  five  was  selected  "  to  prepare  in- 
structions for  the  minister  plenipotentiary  of 
these  United  States  to  be  appointed  for  nego- 
tiating a  treaty  of  peace."'-'  August  13  Robert 
Morris,  Henry  Laurens,  Samuel  Huntington, 
John  Dickinson,  and  Thomas  McKean,  the 
members  chosen,  submitted  a  draft,  which  was 
debated  paragraph  by  paragraph  and  adopted 
the  next  day.f  This  was  the  method  usually 
pursued  in  the  case  of  important  communica- 
tions, the  Foreign  Affairs  Committee  having  no 
participation,  as  a  committee,  in  their  prepara- 
tion. 

The  first  Consul  of  the"  United  States  was 
William  Palfrey,  appointed  December  9,  1780, 
to  France, J  "with  powers  adequate  to  a  gen- 
eral agency  in  our  commercial  concerns  there."§ 

*  Secret  Journals  of  Congress,  II,  219. 

t  Ibid.,  224  et  seq. 

\  Ibid.,  353. 

g  Department  of  State  MS.  archives. 


BEFORE  THE  CONSTITUTION.  I  5 

His  commission,  as,  indeed,  the  commissions  to 
our  other  agents  abroad,  did  not  differ  materi- 
ally from  those  now  in  use. 

The  necessity  for  a  more  adequate  provision 
for  managing  the  increasing  foreign  business 
of  the  country  necessitated  a  change.  "There 
is  really,"  wrote  Lovell  to  Arthur  Lee,  August 
6,  1779,  "no  such  thing  as  a  committee  of  for- 
eign affairs  existing — no  secretary  or  clerk  fur- 
ther than  I  persevere  to  be  one  and  the  other. 
The  books  and  the  papers  of  that  extinguished 
body  lay  yet  on  the  table  of  Congress,  or  rather 
are  locked  up  in  the  secretary's  private  box. 
There  was  a  motion,  as  I  have  before  told  you, 
to  choose  a  new  committee  ;  the  house  would 
not  so  insult  me.  An  indifference  then  took 
place  as  to  filling  the  old  one,  upon  presump- 
tion, I  suppose,  that  a  little  leaven  would  leaven 
the  whole  lump."'''  Nevertheless,  in  January,  l^ 
1 78 1,  "a  plan  for  the  Department  of  Foreign 
Affairs"  was  reported  to  Congress  as  follows: 

*  Department  of  State  MS.  archives. 


1 6  BEFORE  THE  CONSTITUTION. 

That  the  extent  and  rising  power  of  these  United  States 
entitles  them  to  a  place  among  the  great  potentates  of 
Europe,  while  our  political  and  commercial  interests  point 
out  the  propriety  of  cultivating  with  tkem  a  friendly  cor- 
respondence and  connection. 

That  to  render  such  an  intercourse  advantageous,  the 
necessity  of  a  competent  knowledge  of  the  interests,  views, 
relations  and  systems  of  these  potentates,  is  obvious. 

That  a  knowledge,  in  its  nature  so  comprehensive,  is 
only  to  be  acquired  by  a  constant  attention  to  the  state  of 
Europe,  and  an  unremitted  application  to  the  means  of  ac- 
quiring well  grounded  information. 

That  Congress  are,  moreover,  called  upon  to  maintain 
with  our  ministers  at  foreign  courts  a  regular  correspond- 
ence, and  to  keep  them  fully  informed  of  every  circum- 
stance and  event  which  regards  the  publick  honour  interest 
and  safety. 

That  to  answer  these  essential  purposes,  the  committee 
are  of  opinion,  that  a  fixed  and  permanent  office  for  the 
department  of  foreign  affairs  ought  forthwith  to  be  estab- 
lished, as  a  remedy  against  the  fluctuation,  the  delay  and 
indecision  to  which  the  present  mode  of  managing  our 
foreign  affairs  must  be  exposed  : 

Whereupon : 

Resolved,  That  an  office  be  forthwith  established  for  the 


BEFORE   THE  CONSTITUTION.  I  J 

department  of  foreign  affairs,  to  be  kept  always  in  the  place 
where  Congress  shall  reside. 

That  there  shall  be  a  secretary  for  the  despatch  of  busi- 
ness of  the  said  office,  to  be  styled  "  secretary  for  foreign 
affairs. ' ' 

That  it  shall  be  the  duty  of  the  said  secretary  to  keep 
and  preserve  all  the  books  and  papers  belonging  to  the  de- 
partment of  foreign  affairs,  to  receive  and  report  the  appli- 
cations of  all  foreigners  ;  to  correspond  with  the  ministers 
of  the  United  States  at  foreign  courts,  and  with  the  minis- 
ters of  foreign  powers  and  other  persons,  for  the  purpose 
of  obtaining  the  most  extensive  and  useful  information 
relative  to  foreign  affairs,  to  be  laid  before  Congress  when 
required ;  also  to  transmit  such  communications  as  Con- 
gress shall  direct,  to  the  ministers  of  these  United  States 
and  others  at  foreign  courts,  and  in  foreign  countries ;  the 
said  Secretary  shall  have  liberty  to  attend  Congress,  that 
he  may  be  better  informed  of  the  affairs  of  the  United 
States,  and  have  an  opportunity  of  explaining  his  reports 
respecting  his  department ;  he  shall  also  be  authorized  to 
employ  one  or  if  necessary  more  clerks  to  assist  him  in  his 
office  ;  and  the  Secretary,  as  well  as  such  clerks,  shall,  be- 
fore the  President  of  Congress,  take  an  oath  of  fidelity  to 
the  United  States,  and  an  oath  for  the  faithful  execution 
of  their  respective  trusts.* 

♦Secret  Journals  of  Congress,  II,  580  et  seq. 


1 8  BEFORE   THE  CONSTITUTION. 

It  was  not  until  August  lo  that  the  new  De- 
partment was  organized,  when,  on  motion  of 
WilUam  Floyd,  of  New  York,  Robert  R.  Liv- 
ingston, of  New  York,  was  elected  Secretary,''' 
He  had  been  a  member  of  the  Committee  of 
Foreign  Affairs  for  a  brief  period  in  1779  ;  but 
he  declined  the  new  office,  until  informed  of 
the  extent  of  his  powers.  Having  been  satis- 
fied on  this  score,  he  accepted,  September  23. 
Until  then  Lovell  acted  for  the  old  Committee, 
his  last  communication  bearing  date  September 
20.  f 

In  the  meantime  the  Articles  of  Confedera- 
tion had  been  adopted,  and  the  United  States 
had  at  least  the  form  of  a  government. 

Upon  Livingston  devolved  the  task  of  form- 
ing the  new  Department.  He  wrote,  soon 
after  he  took  office,  to  Count  Vergennes,  in- 
forming him  of  the  change. 

"  Congress,"  he  said,  "  having  thought  it  ex- 
pedient to  dissolve  the  committee  of  their  own 

*  Secret  Journals  of  Congress,  \\,  587. 
f  Department  of  State  ^lS.  archives. 


BEFORE  THE  CONSTITUTION.  1 9 

body,  by  whom  their  Foreign  Affairs  had  hith- 
erto been  conducted,  and  to  submit  the  general 
direction  of  them  (under  their  inspection)  to  a 
Secretary  for  Foreign  Affairs  I  do  myself  the 
honour  to  inform  Your  Excellency  that  they 
have  been  pleased  to  appoint  me  to  that  De- 
partment, and  to  direct  me  to  correspond  in 
that  capacity  with  the  Ministers  of  Foreign 
Powers." 

He  also  informed  Franklin,  John  Adams, 
Dana,  and  Jay,  our  ministers  abroad,  as  soon 
as  he  took  office/''  He  started  record  books, 
and  endeavored  to  give  system  to  the  conduct 
of  business  ;  but  the  functions  of  his  Depart- 
ment were  ill  defined,  and  Conoress  continued 
the  custom  of  appointing  special  committees 
to  consider  diplomatic  communications.  Janu- 
ary 25,  1782,  Livingston  set  forth  the  difficul- 
ties surroundine  the  administration  of  the  bus- 
iness  of  his  office  in  a  letter  to  the  President 
of  Concfress. 

♦Department  of  State  MS.  archives. 


20  BEFORE  THE  CONSTITUTION. 

In  the  first  organization  of  a  new  Department  [he  wrote] 
some  things  are  frequently  omitted,  which  experience  will 
shew,  ought  to  be  inserted,  and  many  inserted  which  ought 
to  be  omitted  ;  it  becomes  the  duty  of  those  who  are  placed 
at  the  head  of  such  department  to  mention  the  difficulties 
that  may  arise  from  these  causes,  and  leave  it  to  the  Wis- 
dom of  Congress  to  alter  them,  or  to  Judge  whether  they 
can  be  changed  without  introducing  greater  inconven- 
iences. Upon  this  principle  Sir,  I  am  induced  to  offer  the 
following  Observations. 

The  Secretary  for  Foreign  Affairs  is  to  correspond  with 
the  Ministers  of  the  United  States  at  foreign  Courts,  and 
with  the  Ministers  of  foreign  Powers.  This  Correspond- 
ence must  necessarily  detail  such  Sentiments  as  the  Sover- 
eign wish  to  have  known,  and  lead  to  such  inquiries  as 
they  chuse  to  make.  An  intimate  knowledge  of  their 
sentiments  is  therefore  absolutely  necessary  to  a  discharge 
of  this  duty,  and  we  accordingly  find  that  the  Minister  for 
Foreign  Affairs  is  in  monarchical  governments  considered 
as  the  most  confidential  servant  of  the  Crown.  In  Repub- 
lics it  is  much  more  difficult  to  execute  this  task,  the 
Sentiments  of  the  Sovereign  sometimes  changes  with  the 
Members  of  the  body  which  compose  the  Sovereignty,  it 
is  more  frequently  unknown  no  occasion  offering  on  which 
to  call  it  forth.  It  is  never  perfectly  expressed  but  by 
some  publick  Act,  waiting  for  this  time,  and  the  advantages 


BEFORE   THE  CONSTITUTION.  21 

of  embracing  a  favorable  opportunity  are  frequently  lost. 
There  are  numberless  minutiae  upon  which  no  act  is  formed, 
and  about  which  notwithstanding  their  Sentiments  should 
be  known  to  their  Ministers.  There  are  even  occasions  in 
which  their  Secretary  should  speak  a  Sentiment  which  it 
would  be  improper  for  them  to  declare  by  a  publick  Act. 
Congress  sensible  of  the  inconvenience  that  the  officer  en- 
trusted with  the  management  of  their  foreign  Affairs  must 
labor  under  in  the  execution  of  his  duty  without  a  more 
perfect  knowledge  of  their  Sentiments  than  can  be  ob- 
tained from  their  publick  Acts,  have  been  pleased  to  admit 
him  to  attend  Congress  that  (as  the  Ordinance  expresses 
it)  he  may  be  better  informed  of  the  affairs  of  the  United 
States,  and  have  an  opportunity  of  explaining  his  reports 
respecting  his  department.  But  here  it  stops  short  and 
does  not  shew  in  what  manner  he  is  to  gain  the  sentiments 
of  Congress,  when  he  does  himself  the  honour  to  attend 
upon  them.  It  is  true  they  may  in  part  be  collected  from 
an  attention  to  the  Debates,  l)ut  it  often  so  happens  that 
the  debate  does  not  take  the  turn  that  he  would  wish  in 
order  to  satisfy  a  doubt,  and  he  goes  away  after  hearing  a 
subject  largely  distressed,  ignorant  perhaps  of  the  only 
point  upon  which  he  wishes  to  be  informed,  when  perhaps 
by  a  single  question  his  doubt  might  be  removed,  or  by  a 
word  of  information  which  he  has  the  best  means  of  ac- 
quiring, a  debate  might  be  shortened.     It  is  true  the  power 


22  BEFORE   THE  CONSTITUTION. 

of  explaining  his  reports  given  by  the  Ordinance  seems  to 
imply  a  permission  to  offer  his  sentiments,  when  they  are 
under  consideration,  but  as  I  do  not  wish  to  assume  a  lib- 
erty, which  is  not  explicitly  given,  I  must  beg  the  Senti- 
ments of  Congress  on  this  subject.  The  Ordinance  is  also 
deficient  in  not  affording  a  power  to  the  Secretary  for 
foreign  affairs  to  take  order  upon  the  application  either  of 
Foreigners  or  Subjects  relative  to  matters  not  of  sufficient 
moment  to  engage  the  Attention  of  Congress — as  for  in- 
stance, application  for  aid  in  procuring  the  release  of  an 
American  taken  under  particular  circumstances  in  English 
ships,  and  confined  in  the  french  West  Indies  or  elsewhere, 
claims  upon  Prizes  carried  into  the  french  Islands  &c.  which 
cases  occur  every  day  and  are  attended  with  long  Memorials 
which  would  take  up  much  of  the  time  and  attention  of 
Congress.  As  I  have  hitherto  taken  the  Liberty  to  transact 
Business  of  this  kind  with  the  Minister  of  his  most  Christian 
Majesty,  and  the  Governors  or  Generals  of  the  french 
Islands,  I  wish  to  be  justified  in  so  doing  by  the  orders  of 
Congress — As  a  check  upon  myself  I  keep  a  Book  (tho  it  is 
attended  with  much  labour)  in  which  all  such  applications, 
and  the  steps  taken  in  consequence  thereof  are  inserted  at 
length.  The  organization  of  this  office  will  too  I  presume 
render  some  alterations  necessary  in  matters  of  form  and 
Ceremony  as  heretofore  settled  by  Congress,  in  conformity 
to  the  practice  of  other  Nations,  and  to  enable  us  to  avail 
ourselves  of  the  advantage  they  sometimes  afford  in  creating 


JU'.FORE   rilE  CONSriTUTION. 


23 


usefull  delays,  and  concealing  for  political  Reasons  the 
views  of  the  Sovereign.  Congress  having  vested  me  with 
the  power  of  appointing  clerks  I  have  appointed  two  (Gen- 
tlemen is  whose  integrity  and  Abilities  I  can  confide,  these 
are  barely  sufficient  to  do  the  running  business  of  the  office 
which  is  much  greater  than  I  imagined  it  would  be,  five 
copies  besides  the  draft  being  necessary  of  every  foreign 
Letter  or  paper  transmitted.  To  copy  all  the  Letters  which 
have  hitherto  been  received,  with  the  Secret  Journals,  and 
other  extracts  from  the  Books  and  files  of  Congress,  tho' 
absolutely  necessary  both  for  order  and  security  will  be 
impossible  without  farther  aid  for  at  least  one  year.  Con- 
gress have  not  indeed  limited  the  number  I  may  employ 
nor  have  they  fixed  their  salaries,  upon  both  of  which  points 
I  could  wish  for  their  directions.  An  Interpreter  is  so 
necessary  both  for  this  department,  and  the  Admiralty, 
that  I  cannot  but  recommend  to  Congress  the  appointment 
of  one  from  whom,  if  a  man  in  whom  I  could  confide,  I 
might  receive  assistance  as  a  Secretary  when  hurried  with 
business.  It  may  possibly  be  expected  that  I  should  close 
this  long  letter  by  a  report  on  the  matters  it  contains,  but 
as  it  is  a  delicate  subject  to  point  out  a  mode  for  extending 
my  own  i}0wers,  I  only  beg  leave  to  recommend  the  enclosed 
Resolve. 

1  have,  etc., 

R.  R.  Livingston.* 

*  Department  of  State  MS.  archives. 


24 


BEFORE   THE  CONSTITUTION. 


As  soon  as  this  letter  had  been  read,  Con- 
gress appointed  Nicholas  Everleigh,  Edmund 
Randolph,  and  William  Ellery  a  committee  to 
confer  with  Livingston/-'  They  made  an  inven- 
tory of  the  Department : 

List  of  Books  and  papers  kept  in  the  office  of  foreign 
affairs. 

Books. 

1.  Book  of  Foreign  Letters. 

2.  Book  of  American  Letters. 

3.  Book  of  Resolutions  of  Congress. 

4.  Journal  of  daily  Transactions. 

5.  Book  of  reports  made  to  Congress. 

6.  Letters  of  the  late  Comm.  for  foreign  affairs. 

7.  A  Book  containing  commissions  and  Instructions  to  the 

ministers  at  foreign  courts. 

8.  One  more  do. 

9.  A  Book  of  the  Letters  of  the  Commissioners  in  France 

while  Mr.  Adams  was  among  them. 
ID.   Communications  of  Monsr.  Gerard. 

11.  Do  of  the  Chv.  de  la  Luzerne^ 

12.  Letters  of  Mr.  J.  Adams  V  not  completed 

13.  Letters  of  Mr.  Arthur  Lee.       J 

*  Department  of  State  MS.  archives. 


BEFORE   THE  CONSTITUTION.  25 

Papers. 

ist    liox.    I.  Joint  Letters  from  the  Commrs.  of  Congress 
at  Paris. 

2.  Letters  from  the  Hon.  B.  Franklin. 

3.  Letters  from  the  Hon.  J.  Laurens. 

4.  Letters  from  the  Hon.  J.  Laurens. 

5.  Letters  from  Mr.  T.  Barclay. 

6.  Correspond,  betw.  Mr.  Adams  &  Count  Ver- 

gennes. 
Letters  from  Hon.  J.  Jay. 
Letters  from  the  Hon.  W.  Carmichael. 
Letters  from  Mr.  B.  Harrison. 
Letters  from  Hon.  John  Adams. 
Letters  from  F.  Dana,  Esq. 
Letters  from  Mr.  Dumas. 
2.   Letters  from  Mr.  J.  De  Neuville. 
Letters  from  Messrs.  Deane,  Izard  &c. 
Letters  from  Messrs.   Bingham,  Parsons  &:c. 
Letters,    notes,  memorials    and    communica- 
tions to  the  Chv.  de  la  Luzerne. 

8th  Box.         Original    papers    relative    to   complaints   re- 
ferred to  the  office  of  foreign  affairs. 

gth  Box.         Miscellaneous  letters  tv:  papers.* 

*  Department  of  State  MS.  archives. 


2nd  Box. 

I. 

2. 

a- 

3rd  Box. 

I. 

2. 

4th  Box. 

I. 

2. 

5th  Box. 

6th  Box. 

7th  Box. 

26  BEFORE   THE  CONSTITUTION. 

On  their  report  It  was — 

Resolved,  That  the  department  of  foreign  affairs  be 
under  the  direction  of  such  officer  as  the  United  States  in 
Congress  assembled  have  already  for  that  purpose  ap- 
pointed, or  shall  hereafter  appoint,  who  shall  be  styled 
"Secretary  to  the  United  States  of  America  for  the  De- 
partment of  Foreign  Affairs,"  shall  reside  where  Congress 
or  the  committee  of  the  States  shall  sit,  and  hold  his  office 
during  the  pleasure  of  Congress. 

That  the  books,  records  and  other  papers  of  the  United 
States  that  relate  to  this  department,  be  committed  to  his 
custody,  to  which,  and  all  other  papers  of  his  office,  any 
members  of  Congress  shall  have  access ;  provided  that  no 
copy  shall  be  taken  of  matters  of  a  secret  nature  without 
the  special  leave  of  Congress. 

That  the  correspondence  and  communications  with  the 
ministers  and  other  officers  of  foreign  powers  with  Con- 
gress, be  carried  on  through  the  office  of  foreign  affairs  by 
the  said  secretary,  who  is  also  empowered  to  correspond 
with  all  other  persons  from  whom  he  may  expect  to  receive 
useful  information  relative  to  his  department;  provided 
always,  that  letters  to  ministers  of  the  United  States,  or 
ministers  of  foreign  powers,  which  have  a  direct  reference 
to  treaties  or  conventions  proposed  to  be  entered  into,  or 
instructions  relative  thereto,  or  other  great  national  sub- 


BEFORE   THE  CONSTITUTION.  27 

jects,  shall  be  submitted  to  the  inspection  and  receive  the 
ai)probation  of  Congress  before  they  shall  be  transmitted. 
That  the  secretary  for  the  department  of  foreign  affairs 
correspond  with  the  governours  or  presidents  of  all  or  any 
of  the  United  States,  affording  them  such  information  from 
his  department  as  may  be  useful  to  their  states  or  to  the 
United  States,  stating  complaints  that  may  have  been  urged 
against  the  government  of  any  of  the  said  states,  or  the 
subjects  thereof,  by  the  subjects  of  foreign  powers,  so  that 
justice  may  be  done  agreeably  to  the  laws  of  such  state,  or 
the  charge  proved  to  be  groundless,  and  the  honour  of  the 
government  vindicated.  He  shall  receive  the  applications 
of  all  foreigners  relative  to  his  department,  which  are 
designed  to  be  submitted  to  Congress,  and  advise  the  mode 
in  which  the  memorials  and  evidence  shall  be  stated,  in 
order  to  afford  Congress  the  most  comprehensive  view  of 
the  subject;  and  if  he  conceives  it  necessary,  accompany 
such  memorial  with  his  report  thereon.  He  may  concert 
measures  with  the  ministers  or  officers  of  foreign  powers 
amicably  to  procure  the  redress  of  private  injuries,  which 
any  citizen  of  the  United  States  may  have  received  from  a 
foreign  power,  or  the  subjects  thereof,  making  minutes  of 
all  his  transactions  relative  thereto,  which  have  passed  on 
such  occasions.  He  shall  report  on  all  occasions  expressly 
referred  to  him  for  that  purpose  by  Congress,  and  on  all 
others  touching  his  department,  in  which  he  may  conceive 


2  8  BEFORE   THE  CONSTITUTION. 

it  necessary.  And  that  he  may  acquire  that  intimate 
knowledge  of  the  sentiments  of  Congress  which  is  neces- 
sary for  his  direction,  he  may  at  all  times  attend  upon 
Congress ;  and  shall  particularly  attend  when  summoned 
or  ordered  by  the  President.  He  may  give  information  to 
Congress  respecting  his  department,  exi)lain  and  answer 
objections  to  his  reports  when  under  consideration,  if  re- 
quired by  a  member,  and  no  objection  be  made  by  Con- 
gress. He  shall  answer  to  such  inquiries  respecting  his 
department  as  may  be  put  from  the  Chair  by  order  of  Con- 
gress, and  to  questions  stated  in  writing  about  matters  of 
fact  which  lie  within  his  knowledge,  when  put  by  the 
President  at  the  request  of  a  member,  and  not  disapproved 
of  by  Congress.  The  answers  to  such  questions  may,  at 
the  option  of  the  secretary,  be  delivered  by  him  in  writ- 
ing. He  shall  have  free  access  to  the  papers  and  records  of 
the  United  States  in  the  custody  of  their  secretary,  or  in  the 
ofifices  of  finance  and  war  and  elsewhere.  He  may  be 
furnished  with  copies  or  take  extracts  therefrom,  when  he 
shall  find  it  necessary.  He  shall  use  means  to  obtain  from 
the  ministers  and  agents  of  the  United  States  in  foreign 
countries  an  abstract  of  their  present  state,  their  commerce, 
finances,  naval  and  military  strength,  and  the  characters 
of  sovereigns  and  ministers,  and  every  other  i)olitical  in- 
formation which  may  be  useful  to  the  United  States.  All 
letters  to  sovereign  powers,  letters  of  credence,  plans  of 


BEFORE   THE  CONSTITUTION.  29 

treaties,  conventions,  manifestoes,  instructions,  passports, 
safe-conducts  and  otlier  acts  of  Congress  relative  to  the 
department  of  foreign  affairs,  when  the  substance  thereof 
shall  have  been  previously  agreed  to  in  Congress,  shall  be 
reduced-  to  form  in  the  office  of  foreign  affairs,  and  sub- 
mitted to  the  opinion  of  Congress;  and  when  passed, 
signed  and  attested,  sent  to  the  office  of  foreign  affairs  to 
be  countersigned  and  forwarded.  If  an  original  paper  is 
of  such  a  nature  as  cannot  be  safely  transmitted  without 
cyphers,  a  copy  in  cyphers,  signed  by  the  secretary  for  the 
department  of  foreign  affairs,  shall  be  considered  authen- 
tick,  and  the  ministers  of  the  United  States  at  foreign 
courts  may  govern  themselves  thereby  in  the  like  manner 
as  if  the  originals  had  been  transmitted.  And  for  the  better 
execution  of  the  duties  hereby  assigned  him,  he  is  author- 
ized to  appoint  a  secretary  and  one,  or  if  necessary,  more 
clerks,  to  assist  him  in  the  business  of  his  office. 

Resolved  That  the  salaries  annexed  to  this  Department 
shall  be  as  follows  : 

To  the  secretary  of  the  United  States  for  the  depart- 
ment of  foreign  affairs,  the  sum  of  four  thousand  dollars 
per  annum,  exclusive  of  office  expenses  to  commence  from 
the  first  day  of  October  last. 

To  the  secretary,  one  thousand  dollars  per  annum. 

To  the  clerks,  each  five  hundred  dollars  per  annum. 

Resolved,  That  the  secretary  for  the  department  of  for- 


30  BEFORE   THE  CONSTITUTION. 

eign  affairs,  and  each  of  the  persons  employed  under  him, 
shall  take  an  oath  before  a  judge  of  the  state  where  Con- 
gress shall  sit,  for  the  faithful  discharge  of  their  respective 
trusts,  and  an  oath  of  fidelity  to  the  United  States,  before 
they  enter  upon  office. 

Resolved,  That  the  act  of  the  loth  of  January,  1781, 
respecting  the  department  of  foreign  affairs,  be  and  is  hereby 
repealed.* 

These  resolutions,  which  embodied  remedies 
for  the  difficulties  Livingston  had  pointed  out  in 
his  letter,  were  passed  February  22,  1782,  and 
modified  March  i  so  as  to  allow  the  appointment 
of  two  Under  Secretaries  at  a  salary  of  ^800 
and  $700  per  annum,  respectively,  instead  of  a 
Secretary  and  clerk. 

Communications  from  our  Ministers  abroad 
now  regularly  came  to  Livingston,  and  were  by 
him  submitted  to  Congress,  anci  the  replies  were 
sent  through  him.  The  French  Minister,  how- 
ever, communicated  occasionally  directly  with 
Conoress. 

The  workings  of  the  Department  were  still 

*  Secret  Journals  of  Congress,  HI,  93. 


BEFORE   THE  CONSTITUTION.  31 

unsatisfactory,  as,  indeed,  all  our  Governmental 
workings  at  the  time  were  f'  and  Madison,  Izard, 
Witherspoon,  and  Clymer  were  appointed  a 
committee  to  inquire  into  the  proceedings  of 
the  Department.  Lovell,  also,  was  appointed, 
but  left  Congress  before  the  report  was  com- 
pleted. The  committee  reported  September  i8, 
1782,  that,  from  the  time  of  the  institution  of  the 
Department,  in  October,  1781,  up  to  July  5, 
1782,  the  Secretary  for  Foreign  Affairs  had  sent 
fourteen  letters  to  the  Minister  Plenipotentiary 
at  Versailles,  ten  to  the  Minister  Plenipotenti- 
ary at  Madrid,  eight  to  the  Minister  Plenipoten- 
tiary at  the  Hague,  five  to  the  Minister  Plenipo- 
tentiary at  St.  Petersburg,  two  to  the  Secretary 
of  Leoation  at  Madrid,  to  our  Consul  in  France 
four  letters,  five  to  our  Agent  at  Habana,  one 
to  Mr.  Dumas,  one  to  Messrs.  de  Neuville  & 
Son,  three  to   Mr.  Harrison   at   Cadiz,   one  to 

*  Rudely  formed  amid  the  agonies  of  a  revolution,  the  Confederation  had  never 
been  revised  and  brought  nearer  to  perfection  in  a  season  of  tranquility.  Each  of  the 
thirteen  States  the  Union  bound  together  retained  all  the  rights  of  sovereignty,  and 
asserted  them  punctiliously  against  the  central  government.  (McMaster's  History 
of  the  People  of  the  United  States,  I,  130.) 


32  BEFORE  THE  CONSTITUTION. 

Samuel  Parsons  at  Martinique,  and  thirteen  to 
the  French  Minister.  The  Department  had 
also  corresponded  with  the  Governors  and  Pres- 
idents of  the  States,  requesting  authentic  state- 
ments of  damages  sustained  from  the  enemy, 
sendincj  circulars  containino-  information  touch- 
ing  the  progress  of  our  foreign  intercourse  and 
similar  information.  Altogether  there  had  been 
but  eight  of  these  communications.  The  report 
closed  as  follows : 

Upon  the  whole  the  committee  report  that  the  business 
of  this  Department  appears  to  have  been  conducted  with 
much  industry,  attention  and  utility;  and  without  any 
errors  or  defects  worthy  of  being  taken  notice  of  to  Con- 
gress. Such  improvements  and  alterations  in  the  general 
plan  of  the  business  as  were  judged  by  the  committee  proper 
they  have  taken  the  liberty  of  suggesting  to  the  Secretary 
in  the  course  of  their  incjuiry.  As  far  as  their  suggestions 
can  be  of  use,  the  committee  have  no  doubt  that  they  will 
be  attended  to.* 

December  3,  1782,  Livingston  announced  his 
intention  of  retiring  from  office,  but  consented 

*  Pepartment  of  State  MS.  archives. 


BEFORE  THE  CONSTITUTION.  T^T^ 

to  remain  until  May  followinor,  and  did,  in  fact, 
serve  until  fune  4,  when  he  took  his  departure 
for  New  York,  receiving-  before  he  left  the 
thanks  of  Cono-ress  for  his  services.  He  <jave 
as  his  reasons  for  resigning  that  he  had  been 
elected  to  an  important  office  in  the  State  of 
New  York  (the  Chancellorship),  and  that  he 
could  not,  in  justice  to  himself,  sacrifice  such  a 
portion  of  his  private  fortune  as  was  absolutely 
necessary  to  support  his  office. 

Previous  to  his  departure  he  submitted  to 
Congress  a  report  showing  all  the  officers  serv- 
ing under  him,  with  their  salaries. 

The  "Secretary  to  the  United  States  for  For- 
eign Affairs"  received  a  salary  of  5^4,000  per 
annum.  Benjamin  Franklin,  "Minister  Pleni- 
potentiary of  the  United  States  at  the  Court  of 
Versailles,  and  Minister  Plenipotentiary  for  ne- 
gotiating a  Peace;"  John  Adams,  "Minister 
Plenipotentiary  at  the  Hague  and  for  negotia- 
ting a  Peace;"  John  Jay,  Minister  Plenipotentiary 
at  Madrid  and  for  negotiating  a  peace;  Henry 
3 


34 


BEFORE  THE  CONSTITUTION. 


Laurens,  Minister  Plenipotentiary  for  negotia- 
ting a  peace;  and  Thomas  Jefferson,  with  the 
same  rank,  each  received  a  salary  of  $ii,iii 
per  annum.  William  Carmichael,  "Secretary 
to  the  Embassy  at  the  Court  of  Madrid,"  and 
Francis  Dana,  Minister  of  the  United  States  at 
the  Court  of  St.  Petersburg,  each  received 
^4,444.40  per  annum.  Charles  W.  F.  Dumas, 
"Agent  of  the  United  States  at  the  Hague," 
received  $920 ;  William  Temple  Franklin,-  "Sec- 
retary to  the  honorable  Benjamin  Franklin," 
^1,300;  Lewis  R.  Morris,  "first  under  Secretary 
in  the  Office  for  Foreign  Affairs,"  $800;  Peter 
L.  Du  Ponceau,  "Second  Under  Secretary  in 
the  Office  for  foreign  affairs,"  $700;  John  P. 
Tetend,  "Clerk  and  Interpreter  of  the  French 
Language,"  $500;  Walter  Stone, "Clerk,"  $500; 
making  a  total  of  5^73,244.''' 

Livingston  left  the  business  of  the  Depart- 
ment in  the  hands  of  the  Under  Secretary,  Lewis 
R.  Morris;'-' but  Morris  was  without  authority 

*Departm«ntof  State  MS.  archives. 


BEFORE   THE  CONSTITUTION. 


35 


to  act,  and  August  19,  1783,  a  resolution  was  in- 
troduced in  Congress  to  the  effect  that  it  was 
highly  important  that  a  Secretary  be  appointed, 
and  that,  pending  such  action,  the  papers  of  the 
office  be  disposed  of  temporarily,  so  that  the 
members  of  Congress  might  have  access  to 
them.  Morris,  who  is  represented  to  have  been 
a  personal  friend  of  Livingston's,*  severed  his 
connection  with  the  office  soon  after  Livingston 
left;  and  early  in  March,  1784,  Henry  Remsen, 
jr.,  was  elected  Under  Secretary  and  put  in  charge 
of  the  papers.  From  the  time  of  Livingston's 
departure  until  the  arrival  of  his  successor, 
John  Jay,  the  functions  of  the  Department  were 
practically  suspended. 

Notice  having  been  received  from  Franklin 
that  Jay  intended  leaving  France  for  America 
in  April,  1784,  Gerry  nominated  him  in  Con- 
gress for  Secretary  of  Foreign  Affairs,  and  he 
was  elected.  He  took  the  oath  of  office  and  en- 
tered on  his  duties  September  21,  1784.     Rem- 

*  Department  of  State  MS.  archives. 


36  BEFORE   THE  CONSTITUTION. 

sen  was  continued  as  Under  Secretary;  but  Jay 
deemed  the  arrancrement  of  one  Secretary  and 
clerks  advisable,  and  he  was  given  authority  to 
return  to  that  plan.'^' 

Jay  had  hardly  taken  control  before  he  wrote 
to  the  President  of  Congress  (January  23,  1785): 

'  I  have  some  reason,  Sir,  to  apprehend  that  I  have  come 
into  the  office  of  Secretary  for  foreign  affairs  with  Ideas  of 
its  Duties  &  Rights  somewhat  different  from  those  which 
seem  to  be  entertained  by  Congress.* 

He  accordingly  asked  for  instructions,  and  the 
duties  of  the  Department  were  defined  by  Con- 
gress. It  was  resolved,  February  11.  1785, 
that — 

All  communications  as  well  to  as  from  the  United 
States  in  Congress  assembled,  on  the  subject  of  foreign 
affairs,  be  made  through  the  Secretary  for  the  department 
of  foreign  affairs;  and  that  all  letters,  memorials  or  other 
papers  on  the  subject  of  foreign  affairs,  for  the  United 
States  in  Congress  assembled,  be  addressed  to  him. 

Resolved,  That  all  paj)ers  written  in  a  foreign  language, 

♦  Department  of  State  MS.  archives. 


BEFORE   THE  CONSTITUTION.  2>7 

which  may  in  future  be  communicated  to  Congress  from 
the  office  of  the  department  of  foreign  affairs,  shall  be  ac- 
companied with  a  translation  into  English. 

Resolved,  That  the  Secretary  for  the  department  of  for- 
eign affairs  be  and  he  is  hereby  authorized,  to  appoint  an 
interpreter,  whose  duty  it  shall  be  to  translate  all  such 
papers  as  may  be  referred  to  him,  as  well  by  the  United 
States  in  Congress  assembled  as  by  Committees  of  Con- 
gress, the  secretary  for  the  department  of  foreign  affairs, 
the  secretary  of  Congress,  the  board  of  treasury,  or  the 
secretary  for  the  department  of  war ;  and  who  shall  be  en- 
titled to  receive  such  allowance  as  the  secretary  for  foreign 
affairs  may  think  sufficient,  not  to  exceed  the  annual  pay 
of  a  clerk  in  the  office;  and  who,  previous  to  his  entering 
on  his  duty  as  interpreter,  shall  take  the  oath  of  fidelity, 
and  the  oath  of  office,  prescribed  in  an  ordinance  passed 
on  the  27th  day  of  January  last,  a  registry  of  which  oaths 
shall  be  kept  in  the  office  of  the  secretary  of  Congress.* 

The  Secretary  still  had  no  power  to  take  im- 
portant action  without  the  authority  of  Con- 
gress. To  carry  on  boundary  negotiations 
with  the  Spanish  Minister,  for  instance,  it  was 
necessary  that  he  should  have  full  powers  from 

*Secret  Journals  of  Congress,  III,  527. 


o 


02110 


38  BEFORE  THE  CONSTITUTION. 

Congress,  and  August  29,  1786,  they  were  con- 
ferred upon  him — 

To  treat,  adjust,  conclude  and  sign  with  don  Diego  de 
Gardogui,  encargado  de  negocios  of  his  catholic  Majesty 
whatever  articles,  compacts  and  conventions  may  be  neces- 
sary for  establishing  and  fixing  the  boundaries  between  the 
territories  of  the  said  United  States  and  those  of  his  catho- 
lic majesty,  whatever  articles  compacts  and  conventions 
may  be  necessary  for  establishing  and  fixing  the  bounda- 
ries between  the  territories  of  the  said  United  States  and 
those  of  his  catholick  majesty,  and  for  promoting  the  gen- 
eral harmony  and  mutual  interest  of  the  two  nations. 

He  was,  however,  charged  to  inform  Con- 
gress what  propositions  were  made  to  him 
before  he  agreed  to  any  of  them. 

All  the  treaties  had  thus  far  been  negotiated 
lunder  instructions  from  Congress  by  our  Min- 
[isters  abroad.  Their  ratification  by  Congress 
was  announced  by  proclamation.  The  ap- 
proval of  the  representatives  of  at  least  nine 
States  was  necessary  under  the  Confederation 
for  ratification. 

The   Constitution   of  the  United  States  had 


BEFORE  THE  CONSTITUTION.  39 

been  adopted,  and  elections  were  in  progress 
for  the  new  Congress,  when  the  last  Congress 
under  the  old  Confederation  appointed,  August 
14,  1 788,  a  committee  composed  of  Messrs.  Otis, 
L'Hommedieu,  Reed,  Tucker,  and  Brown  to 
report  on  the  condition  in  which  the  Depart- 
ment of  Foreign  Affairs  then  was.  They  found 
that  it  occupied  two  rooms,  one  being  the  Sec- 
retary's and  the  other  that  of  his  Deputy  and 
clerks.  The  methods  of  doing  business  were 
set  forth: 

The  daily  transactions  are  entered  in  a  minute  Book  as 
they  occur,  and  from  thence  are  mostly  copied  into  a  Jour- 
nal at  Seasons  of  Leisure.  This  Journal  contains  a  note  of 
the  Dates,  Receipt  and  contents  of  all  Letters  received 
and  written  by  him,  wiih  References  to  the  Books  in  which 
they  are  recorded — of  all  matters  referred  to  him,  and  the 
Time  when,  and  of  his  Reports  thereupon ;  and  in  general 
of  all  the  Transactions  in  the  Department.  It  is  very 
minute  and  at  present  occupies  2  Folio  Vols. 

His  official  Letters  to  the  ministers  and  servants  of  con- 
gress and  others  abroad  are  recorded  in  a  Book  entitled 
Book  of  foreign  Letters,  and  such  parts  as  require  secrecy 
are  in  cyphers. 


40  BEFORE   THE  CONSTITUTION. 

The  official  Correspondence  with  foreign  ministers  here, 
and  with  officers  of  Congress,  and  others  in  the  United 
States,  inchiding  the  Letters  received  -•'  *  *  and 
written  by  him,  are  recorded  at  large  in  a  15ook  entitled 
American  Letter  Book.     They  already  fill  3  folio  vols. 

His  Reports  to  Congress  are  recorded  in  a  Book  entitled 
Book  of  Reports,  the  3d  Vol.  of  which  is  now  in  Hand. 
The  Papers  on  which  the  Reports  are  made  are  "subjoined 
to  the  Report,  unless  in  Cases  where  according  to  the  ordi- 
nary course  of  the  office,  they  are  recorded  in  other  Books. 

His  Correspondence  and  the  Proceedings  with  the  En- 
cargado  de  Negocios  of  Spain  are  recorded  in  a  Book  kept 
for  that  Purpose. 

The  Passports  for  vessels  issued  by  the  Secretary  under 
the  Act  of  Congress  of  12th  February  1788,  together  with 
the  evidence  accompanying  the  several  Applications,  are 
recorded  in  a  Book  kept  for  that  Purpose.  The  Letters  of 
Credence  and  Commissions  of  foreign  Ministers,  Charge 
des  Affaires  and  Consuls  to  the  United  States,  are  recorded 
in  a  Book  entitled  Book  of  foreign  Commissionj) 

There  is  also  a  Book  kept  and  regularly  sent  to  the  Sec- 
retary of  Congress,  to  receive  such  Acts  of  Congress  as 
respect  the  Department.  A  Book  of  Accounts  is  kept  in 
which  are  entered  the  contingent  Expenses  of  the  office. 

The  Business  of  the  office  is  done  by  his  Dei)uty  and 
two   Clerks  and  whatever  Time  can  be  spared  from  the 


BEFORE   THE  CONSTITUTION.  4 1 

ordinary  and  daily  Business  is  employed  in  recording  the 
Letters  received  from  the  American  Ministers  abroad.  In 
this  Work  considerable  Progress  has  been  made — We  find 
already  recorded  o/ic  vol.  containing  the  Letters  of  Mr. 
Dana  during  his  mission  to  Russia,  commencing  iSth 
February  1780  and  ending  17th  December  1783  of  Mr.  H. 
Laurens  commencing  24th  January  1780  and  ending  30th 
April  1784,  and  of  Mr.  John  Laurens  during  his  special 
mission  to  Versailles,  commencing  3rd  January  1781  and 
ending  6th  September  following.  Five  vols  containing 
the  letters  of  Mr.  Adams  commencing  23rd  December 
1777  and  brought  up  to  loth  April  1787,  the  6th  vol  is 
now  in  hand.  Two  vols  containing  the  Letters  from  Mr. 
Jay  commencing  the  20th  December  1779  and  ending  25th 
July,  1784.  The  Letters  from  Mr.  Deane  commencing 
17th  September  1776  and  ending  17th  March  1782  are 
recorded,  and  those  from  Mr.  Arthur  Lee  commencing 
13th  February  17  76  and  brought  uj:*  to  13th  February  1778 
are  now  in  hand. 

Those  from  Dr.  Franklin,  Mr.  Jefferson  the  first  joint 
Commissioners  the  joint  commissioners  for  negociating  a 
Treaty  of  Peace,  and  those  for  negociating  Treaties  of 
Commerce,  Mr.  William  Lee,  Mr.  Dumas  and  others  are 
numerous,  and  are  yet  to  be  recorded. 

The  Letter  Book  of  the  late  Committee  for  foreign 
.Affairs  composed  of  sheets  stitched    together  and  much 


42  BEFORE   THE  CONSTITUTION. 

torn,  has  been  fairly  copied  in  a  bound  Book  and  indexed. 
The  Books  used  for  these  Records  are  of  demy  Paper,  and 
each  vol  contains  from  5  to  6  Quires  of  Paper,  being  all 
of  a  size,  except  the  two  Vols,  of  the  Secretary's  Reports 
which  are  somewhat  less. 

There  is  an  index  to  the  Paper  Cases,  and  to  the  Boxes 
in  each  case,  and  to  the  Papers  in  each  box.  In  these 
cases  and  boxes  are  filed  the  original  Letters  and  Papers 
belonging  to  the  office.  The  office  is  constantly  open  from 
9  in  the  morning  to  6  o'clock  in  the  Evening,  and  either 
his  Deputy  or  one  of  the  Clerks  remains  in  the  office  while 
the  others  are  absent  at  Dinner. 

The  report  concludes,  "and  upon  die  whole 
diey  find  neatness,  method  and  perspicacity 
throughout  the  Department."''' 

Such  was  the  condition  of  the  Department  of 
Foreign  Affairs  when  the  Government  took  its 
new  form  under  the  Constitution.  Livingston 
and  Jay  had  been  the  only  Secretaries. , 


*  Department  of  State  MS.  arcfaives. 


II. 

FORMATION   OF  THE  DEPARTMENT  OF  STATE. 

^  I  ^HE  first  Congress  under  the  Constitution 
obtained  a  quorum  in  both  branches  early 
in  April,  1 789.  After  Washington  had  been  de- 
clared elected  President  and  John  Adams  Vice- 
President,  the  question  of  providing  the  proper 
executive  machinery  for  the  Government  was 
taken  up,  and  among  the  first  Departments 
brought  under  consideration  was  that  of  For,eign 
Affairs.  The  plan  of  operating  the  old  Depart- 
ment developed  by  Livingston  and  Jay  was 
good,  as  far  as  it  went.  The  trouble  lay  in  the 
insufficient  authority  vested  in  the  department 
and  the  insufficient  authority  of  the  old  Con- 
gress itself.  In  providing  for  the  new  Depart- 
ment the  design  at  first  was  for  a  foreign  office, 

completely  separated   from  the  conduct  of  do- 

43 


5-^^ 


44  FORMATION  OF  THE  DEPARTMENT. 

mestic  affairs,  and  the  bill  introduced  in  the 
House  June  2  was  framed  accordingly.  One 
clause  of  this  bill,  to  the  effect  that  the  Secre- 
tary for  Foreign  Affairs  should  be  "removable 
from  office  by  the  President  of  the  United 
States,"  gave  rise  to  debate,  which  condnued 
a  week. 

William  Smith,  of  South  Carolina,  said: 

Either  that  the  constitution  has  given  the  President  the 
power  of  removal,  and  therefore  it  is  nugatory  to  make  the 
declaration  here  ;  or  it  has  not  given  the  power  to  him,  and 
therefore  it  is  improper  to  make  an  attempt  to  confer  it 
upon  him. 

It  was  contended  that  the  power  of  appoint- 
ment carried  with  it  the  power  of  removal ;  but 
an  appointment  required  the  advice  and  consent 
of  the  Senate — did  not  a  removal  also  require  it? 

Boudinot,  of  New  Jersey,  said: 

If  the  President  complains  to  the  Senate  of  the  miscon- 
duct of  an  officer,  and  desires  their  advice  and  consent  to 
the  removal,  what  are  the  Senate  to  do?  Most  certainly 
they  will  inquire  if  the  complaint  is  well  founded.      To  do 


FORMATION  OF  THE  DEPARTMENT.  45 

this  they  must  call  the  ofificer  before  them  to  answer.  Who, 
then,  are  the  parties?  The  Supreme  Executive  against  his 
assistant;  and  the  Senate  to  sit  as  judges  to  determine 
whether  sufficient  cause  of  removal  exists.  Does  not  this 
set  the  Senate  over  the  head  of  the  President?  But  sup- 
pose they  shall  decide  in  favor  of  the  officer,  what  a  situa- 
tion is  the  President  then  in,  surrounded  by  officers  with 
whom  he  can  have  no  confidence. 

He  thoucfht  the  President  had  the  rioht  of  re- 
moval,  but  that,  as  some  doubt  respecting  the 
construction  of  the  Constitution  had  arisen,  the 
clause  ouorht  to  remain   in  the  bill.      Madison 

o 

also  supported  this  view,  and  the  bill,  contain- 
ing- in  the  second  section  an  expression  of  the 
right  of  removal,  passed  the  House  by  a  vote 
of  twenty-nine  to  twenty-two  June  27.'''  As  it 
went  to  the  Senate  it  read  as  follows : 

Be  it  enacted  by  the  Congress  of  the  United  States  that 
there  shall  be  an  executive  department  to  be  denominated 
the  department  of  Foreign  affairs :  and  that  there  shall  be  a 
principal  officer  therein,  to  be  called  the  Secretary  for  the 
department  of  foreign  affairs,  who  shall  perform  and  ex- 

*Annals  of  Congress,  I,  ^zy  et  seg. 


46  FORMATION  OF  THE  DEPARTMENT. 

ecute  such  duties,  as  shall  from  time  to  time  be  enjoined 
on,  or  be  entrusted  to,  him  by  the  President  of  the  United 
States  agreeable  to  the  Constitution,  relative  to  corre- 
spondencies Commissions,  or  instructions,  to  or  with  public 
Ministers  or  Consuls,  from  the  United  States,  or  to  negotia- 
tions from  foreign  States  or  Princes,  or  to  memorials  or 
other  applications,  from  foreign  public  ministers,  or  other 
foreigners,  or  to  such  other  matters  respecting  foreign 
affairs,  as  the  President  of  the  United  States  may  assign  to 
the  said  department:  and  furthermore  that  the  said  prin- 
cipal officer,  shall  conduct  the  business  of  the  said  depart- 
ment in  such  a  manner  as  the  President  of  the  United  States 
shall  from  time  to  time,  order  or  instruct. 

And  be  it  further  enacted  That  there  shall  be  in  the  said 
department,  an  inferior  officer,  to  be  appointed  by  the  said 
principal  officer,  and  to  be  employed  therein  as  he  shall 
deem  proper,  and  to  be  called  the  Chief  Clerk  in  the  de- 
partment of  foreign  affairs,  and  who  whenever,  the  said 
principal  officer  shall  be  removed  from  office  by  the  Presi- 
dent of  the  United  States,  or  in  any  other  case  of  Vacancy 
shall  during  such  vacancy  have  the  charge  and  custody  of 
all  records,  books  and  i)apers  appertaining  to  the  said  de- 
partment— Provided,  nevertheless  that  no  aijpointment  of 
such  chief  Clerk  shall  be  valid  until  the  same  shall  have 
been  approved  by  the  President  of  the  United  States. 

And  be  it  further  enacted,  That  the  said  principal  officer, 


FORMATION  OF  THF  DEPARTMENT.  47 

and  every  other  person  to  be  appointed  or  employed  in  the 
said  department,  shall  before  he  enters  on  the  exercise  of 
his  office  or  employment  take  an  oath  or  affirmation,  well 
and  faithfully  to  execute  the  trust  committed  to  him. 

And  be  it  further  enacted  that  the  Secretary  for  the  de- 
partment of  foreign  affairs,  to  be  appointed  in  consequence 
of  this  act  shall  forthwith  after  his  appointment  be  entitled 
to  have  the  Custody  and  charge  of  all  records  books,  and 
papers  in  the  office  of  Secretary  for  the  department  of 
foreign  affairs  heretofore  established  by  the  United  States 
in  Congress  assembled. 

Passed  the  House  June  24,  1789. 

This  is  indorsed  "Copy  as  it  came  from 
House."* 

In  the  Senate  the  bill  was  again  debated ;  but, 
as  the  sessions  were  held  behind  closed  doors, 
there  is  no  record  of  what  was  said.  It  was 
passed  July  i8,  with  slight  amendment,  the  pro- 
viso requiring  the  President's  approval  of  the 
Chief  Clerk  being  struck  out,  and  the  phrase 
"Concrress  of  the  United  States"  beinof  altered 
to  "Senate  and  House  of  Representatives  of  the 

*U.  S.  Senate  MS.  archives.     The  archives  of  the  House  covering  this  period  were 
destroyed  by  the  British  in  the  war  of  1812. 


48  FORMATION  OF  THE  DEPARTMENT. 

United  States  of  America  in  Congress  assem- 
bled."''' On  the  20th  the  House  agreed  to  the 
Senate  amendments,-}- and  the  President  signed 
the  bill  the  27th.      'Die  final  act  read: 

An  act  for  establishing  an  Executive  Department,  to  be 
denominated  the  Department  of  Foreign  Affairs. 
(Sect.  I.)  Be  it  enacted  by  the  senate  and  house  of  repre- 
sentatives of  the  United  States  of  America  in  congress  as- 
sembled, That  there  shall  be  an  executive  department,  to 
be  denominated  the  department  of  foreign  affairs,  and  that 
there  shall  be  a  principal  officer  therein,  to  be  called  the 
secretary  for  the  department  of  foreign  affairs,  who  shall 
perform  and  execute  such  duties  as  shall,  from  time  to 
time,  be  enjoined  on  or  intrusted  to  him  by  the  president 
of  the  United  States,  agreeable  to  the  constitution,  rela- 
tive to  correspondences,  commissions,  or  instructions,  to  or 
with  public  ministers  or  consuls,  from  the  United  States, 
or  to  negociations  with  public  ministers  from  foreign  states 
or  princes,  or  to  memorials  or  other  applications  from  for- 
eign public  ministers,  or  other  foreigners,  or  to  such  other 
matters  respecting  foreign  affairs  as  the  president  of  the 
United  States  shall  assign  to  the  said  department ;  And 
furthermore,  that  the  said  principal  officer  shall  conduct 
the  business  of  the  said  department  in  such  manner  as  the 

*U.  S.  Senate  MS.  archives.  fAnnals  of  Congress,  I,  51,  52. 


FORMATION  OF  THE  DEPARTMENT.  49 

president  of  the  United  States  shall,   from  time  to  time, 
order  or  instruct. 

(Sect.  2.)  Ami  he  it  furtJier  enacted.  That  .there  shall  be 
in  the  said  department  an  inferior  officer,  to  be  appointed 
by  the  said  principal  officer,  and  to  be  employed  therein  as 
he  shall  deem  proper,  and  to  be  called  the  chief  clerk  in 
the  department  of  foreign  affairs;  and  who,  whenever  the 
said  principal  officer  shall  be  removed  from  office  by  the 
president  of  the  United  States,  or  in  any  other  case  of  va- 
cancy, shall,  during  such  vacancy,  have  the  charge  and 
custody  of  all  records,  books,  and  papers,  appertaining  to 
the  said  department. 

(Sect.  3.)  And  be  it  furtiier  enacted.  That  the  said  prin- 
cipal officer,  and  every  other  person  to  be  appointed  or 
employed,  in  the  said  department,  shall,  before  he  enters 
on  the  execution  of  his  office  or  employment,  take  an  oath 
or  affirmation,  well  and  faitiifully  to  execute  the  trust  com- 
mitted to  liini. 

(Sect.  4.)  And  be  it  fwtJier  enacted.  That  the  secretary 
for  the  department  of  foreign  affairs,  to  be  appointed  in 
consecjuence  of  this  act,  shall,  forthwith  after  his  appoint- 
ment, be  entitled  to  have  the  custody  and  charge  of  all 
records,  books,  and  papers,  in  the  office  of  secretary  for 
the  department  of  foreign  affairs,  heretofore  established 
by  the  United  States  in  congress  assembled, 
{Approved,  July  27,  1789.). 
4 


5  O  FORMATION  OF  THE  DEPARTMENT. 

Before  the  final  passage  of  this  Act,  but  after 
it  had  passed  the  House,  Vining,  of  Delaware, 
mapped  out  what  were  to  be  the  functions  of 
the  Home  Department,  which  should  be  sepa- 
rate from  the  Foreign  Department.  His  reso- 
lutions, as  introduced  in  the  House,  read  : 

*  >ii  *  That  an  Executive  department  ought  to  be 
established,  and  to  be  denominated  the  Home  department; 
the  head  of  which  to  be  called  the  Secretary  of  the  United 
States  for  the  Home  Department ;  whose  duty  it  shall  be 
to  correspond  with  the  several  States,  and  to  see  to  the  exe- 
cution of  the  laws  of  the  Union  ;  to  keep  the  great  seal, 
and  affix  the  same  to  all  public  papers,  when  it  is  neces- 
sary ;  to  keep  the  lesser  seal,  and  to  affix  it  to  commissions, 
&c. ;  to  make  out  commissions,  and  enregister  the  same ; 
to  keep  authentic  copies  of  all  public  acts,  &c. ;  and  trans- 
mit the  same  to  the  several  States  ;  to  procure  the  acts  of 
the  several  States,  and  report  on  the  same  when  contrary 
to  the  laws  of  the  United  States ;  to  take  into  his  custody 
the  archives  of  the  late  Congress ;  to  report  to  the  President 
plans  for  the  protection  and  improvement  of  manufiictures, 
agriculture,  and  commerce ;  to  obtain  a  geographical  ac- 
count of  the  several  States,  their  rivers,  towns,  roads,  &:c.  ; 
to  report  what  post  roads  shall  be  established  ;  to  receive 


FORMATION  OF  THE  DEPARTMENT.  5  I 

and  record  the  census;  to  reqeive  reports  respecting  the 
Western  territory;  to  receive  the  models  and  specimens 
presented  by  inventors  and  authors ;  to  enter  all  books  for 
which  patents  are  granted  ;  to  issue  patents,  &c. ;  and,  in 
general,  to  do  and  attend  to  all  such  matters  and  things  as 
he  may  be  directed  to  do  by  the  President.'"' 

The  proposition  met  with  Httle  favor.  Ben- 
son, of  New  York,  thoui^ht  "the  less  the  gov- 
ernment corresponded  with  particular  states  the 
better  ;"  and  White,  of  North  Carolina,  gave  it 
as  his  opinion  that  correspondence  with  States 
was  the  business  of  the  Chief  Executive,  and  it 
belonged  to  the  judiciary  to  see  that  the  laws 
were  executed.  The  great  seal  might  be  kept  by 
the  Secretary  of  Foreign  Affairs,  and  the  lesser 
seal  also.f  Commissions  should  be  made  out 
by  the  departments  under  which  the  appointees 
were  to  serve.  The  public  acts  could  be  sent 
to  the  Executives  of  the  States  by  the  officers 
of  Congress.      Post  roads   properly  belonged 


*Annals  of  Congress,  I,  666. 

t There  was  no  lesser  seal,  nor  was  one  ever  authorized. 


52 


FORMATION  OF  THF  DEPARTMFNT. 


under  the  supervision  of  the  Postmaster-Gen- 
eral, and  it  was  hardly  necessary  to  establish  a 
great  department  for  the  purpose  of  receiving 
the  models,  specimens,  and  books  presented  by 
inventors  and  authors. 

To  this  Vining  replied  that  the  duties  men- 
tioned in  his  resolutions  were  necessary,  but 
that  they  were  foreign  to  each  of  the  depart- 
ments projected.  He  thought  they  could  best 
be  performed  by  a  confidential  officer  under 
the  President. 

As  soon  as  the  resolutions  had  been  de- 
feated, Theodore  Sedgwick,  ot  Connecticut, 
moved — 

That  a  committee  be  appointed  to  l)ring  in  a  bill  su])- 
plementary  to  the  act  for  establishing  the  I)ei)artment  of 
Foreign  Affairs,  declaring  that  department  to  be  hereafter 

denominated ,  and  that  the  principal  officer  in  that 

department  shall  have  custody  of  the  records  and  seal  of 
the  United  States,  and  that  such  bill  do  contain  a  provision 
for  the  fees  of  office  to  be  taken  for  copies  of  records,  and 
further  provision  for  the  due  publication  of  the  acts  of 
Congress,  and  such  other  matters  relating  to  the  premises, 


FORMATION  OF  TIIF  DFPARTMENT.  53 

as  the  Committee  shall  deem  necessary  to  be  reported  to 
this  House. 

This  motion  was  also  lost,  but  July  31  Sedg- 
wick introduced  a  bill  "to  provide  for  the  safe 
keeping  of  the  acts,  records,  and  great  seal  of 
the  United  States,  for  the  publication,  preser- 
vation, and  authentication  of  the  acts  of  Con- 
gress &c,"  which  was  read  the  third  time  and 
passed  August  27/-'  It  was  reported  to  the 
Senate  the  next  day,  referred  to  a  committee 
composed  of  Rufus  King,  William  Patterson, 
and  George  Read,  concurred  in  with  slight 
amendmentsf  September  7,;j;  reported  back 
to  the  House  and  agreed  to  the  following  day.§ 
The  President  signed  it  the  1 5th.  This  was 
the  bill  establishing  the  Department  of  State. 
It  read  as  follows : 
An  act  to  provide  for  the  safe  keeping  of  the  acts,  records, 

and  seal,  of  the  United  States,  and  for  other  purposes. 

(Sect.  I.)  Be  it  enacted  by  the  senate  aitd  house  of  repre- 

*Annals  of  Congress,  I,  674  et  seq. 

tU.  S.  Senate  MS.  archives. 

I  Annals  of  Congress,  I,  73,  74,  75. 


54  FORMATION  OF  THF  DFPARTMENT. 

seniatives  of  the  United  States  of  America  iti  eoiigirss  as- 
sembled, That  the  executive  department,  denominated  the 
department  of  foreign  affairs,  shall  hereafter  be  denomi- 
nated the  department  of  state,  and  the  principal  officer 
shall  hereafter  be  called  the  secretary  of  state. 

(Sect.  2.)  And  be  it  further  enacted,  That  whenever  a 
bill,  order,  resolution,  or  vote,  of  the  senate  and  house  of 
representatives,  having  been  approved  and  signed  by  the 
president  of  the  United  States,  or  not  having  been  returned 
by  him  with  his  objections,  shall  become  a  law,  or  take 
effect,  it  shall  forthwith  thereafter  be  received  by  the  said 
secretary  from  the  president:  and  whenever  a  bill,  order, 
resolution,  or  vote,  shall  be  returned  by  the  president  with 
his  objections,  and  shall,  on  being  reconsidered,  be  agreed 
to  be  passed,  and  be  ajjproved  by  two  thirds  of  both  houses 
of  congress,  and  thereby  become  a  law  or  take  effect,  it 
shall,  in  such  case,  be  received  by  the  said  secretary  from 
the  president  of  the  senate,  or  the  speaker  of  the  house  of 
representatives,  in  whichsoever  house  it  shall  last  have  been 
so  approved ;  and  the  said  secretary  shall,  as  soon  as  conven- 
iently may  be,  after  he  shall  receive  the  same,  cause  every 
such  law,  order,  resolution,  and  vote,  to  be  published  in  at 
least  three  of  the  public  newspapers  printed  in  the  United 
States,  and  shall  also  cause  one  printed  copy  to  be  deliv- 
ered to  each  senator  and  representative  of  the  United 
States,  and  two  printed  copies,  duly  authenticated,  to  be 


FORMATION  OF  THE  DEPARTMENT. 


55 


sent  to  the  executive  authority  of  each  state;  and  he  shall 
carefully  preserve  the  originals,  and  shall  cause  the  same  to 
be  recorded  in  books  to  be  provided  for  the  purpose. 

(Sect.  3.)  And  be  it  further  enacted.  That  the  seal  here- 
tofore used  by  the  United  States  in  congress  assembled, 
shall  be,  and  hereby  is  declared  to  be,  the  seal  of  the 
United  States. 

(Sect.  4.)  And  be  it  fiirtJier  enacted,  That  the  said  sec- 
retary shall  keep  the  said  seal,  and  shall  make  out  and  re- 
cord, and  shall  affix  the  said  seal  to  all  civil  commissions 
to  officers  of  the  United  States  to  be  appointed  by  the 
]Dresident,  by  and  with  the  advice  and  consent  of  the  sen- 
ate, or  by  the  president  alone.  Provided,  That  the  said 
seal  shall  not  be  affixed  to  any  commission,  before  the  same 
shall  have  been  signed  by  the  president  of  the  United  States, 
nor  to  any  other  instrument  or  act,  without  the  special  war- 
rant of  the  president  therefor, 

(Sect.  5.)  And  be  it  further  enacted,  That  the  said  sec- 
retary shall  cause  a  seal  of  office  to  be  made  for  the  said 
department,  of  such  device  as  the  president  of  the  United 
States  shall  approve,  and  all  copies  of  records,  and  papers, 
in  the  said  office,  authenticated  under  the  said  seal,  shall 
be  evidence  equally  as  the  original  record,  or  paper. 

(Sect.  6.)  And  be  it  further  ettaeted,  That  there  shall  be 
paid  to  the  secretary,  for  the  use  of  the  United  States,  the 
following  fees  of  office,  by  the  persons  requiring  the  ser- 


56  FORMATION  OF  THE  DEPARTMENT. 

vices  to  be  performed,  except  when  they  are  performed  for 
any  ofificer  of  the  United  States,  in  a  matter  relating  to  the 
duties  of  his  office,  to  wit;  For  making  out  and  authenti- 
cating copies  of  records,  ten  cents  for  each  sheet  contain- 
ing one  hundred  words;  for  authenticating  a  copy  of  a 
record,  or  paper,  under  seal  of  office,  twenty  five  cents. 

(Sect.  7.)  And  be  it  further  enacted,  That  the  said  sec- 
retary shall,  forthwith  after  his  appointment,  be  entitled  to 
have  the  custody  and  charge  of  the  said  seal  of  the  United 
States,  and  also  of  all  books,  records,  and  papers,  remain- 
ing in  the  6ffice  of  the  late  secretary  of  the  United  States 
in  congress  assembled;  and  such  of  the  said  books,  rec- 
ords, and  papers,  as  may  appertain  to  the  treasury  depart- 
ment, or  war  department,  shall  be  delivered  over  to  the 
principal  officers  in  the  said  departments,  respectively,  as 
the  president  of  the  United  States  shall  direct. 

(^Approved  September  75,  ijSg.) 

This  Act  was  supplemented  by  the  follow- 
ing: 

Resolved,  That  it  shall  be  the  duty  of  the  Secretary  of 
State  to  procure,  from  time  to  time,  such  of  the  statutes 
of  the  several  states  as  may  not  be  in  his  office. 

(^Approved,  September  2j,  17 8g.) 

And  so  much  of  the  Act  of  July  27.   1789,  as 


FORMATION  OF  TIIF  DEPARTMENT.  57 

related  to  an  Acting-  Secretary  was  changed  by 
the  foHowinof : 

And  be  it  further  enacted,  That  in  case  of  the  death,  ab- 
sence from  the  seat  of  government,  or  sickness,  of  the  Sec- 
retary of  State,  Secretary  of  the  treasury,  or  of  the  secre- 
tary of  the  war  department,  or  of  any  officer  of  either  of 
said  departments,  whose  appointment  is  not  in  the  head 
thereof,  whereby  they  cannot  perform  the  duties  of  their 
said  respective  offices,  it  shall  be  lawful  for  the  President 
of  the  United  States,  in  case  he  shall  think  it  necessary, 
to  authorize  any  person  or  persons,  at  his  discretion,  to 
perform  the  duties  of  the  said  respective  offices  until  a 
successor  be  appointed,  or  until  such  absence,  or  inability 
by  sickness  shall  cease. 

{Approved  May  8,  1792') 

This  was,  in  its  turn,  modified  in  1795. 

Be  it  enacted,  etc.,  That,  in  case  of  vacancy  in  the  office 
of  Secretary  of  State,  Secretary  of  the  Treasury,  or  of  the 
Secretary  of  the  Department  of  war,  or  of  any  officer  of 
either  of  the  said  departments,  whose  appointment  is  not 
in  the  head  thereof,  whereby  they  cannot  perform  the  duties 
of  their  said  respective  offices,  it  shall  be  lawful  for  the 
president  of  the  United  States,  in  case  he  shall  think  it 
necessary,  to  authorize  any  person  or  persons,  at  liis  dis- 


58  FOR.VATION  OF  THE  DEPARTMENT. 

cretion,  to  perform  the  duties  of  the  said  respective  offices, 
until  a  successor  be  appointed  or  such  vacancy  be  filled  : 
Provided,  That  no  one  vacancy  shall  be  supplied,  in  man- 
ner aforesaid,  for  a  longer  term  than  six  months. 
Approved,  February  ij,  lYQS- 

Early  in  June.  1789.  while  the  old  Depart- 
ment of  Foreign  Affairs  still  existed,  Washing- 
ton wrote  to  Jay,  asking  for  ''some  informal 
communication  from  the  office  of  Secretary  for 
Foreign  Affairs  ;"'='  and,  after  the  new  Depart- 
ment was  formed,  and  had  been  enlarged  into 
the  Department  of  State,  Jay  continued  at  its 
head,  al thou  eh  his  nomination  was  not  sent  to 
the  Senate,  and  he  held  no  commission  as  Sec- 
retary of  State.  In  view  of  tl"te  opinion  ex- 
pressed by  Jefferson  soon  after  he  entered 
upon  the  duties  of  Secretary  of  State,f  it  may 
be  doubted  whether  Jay  did  not  become  Sec- 
retary of  State  in  the  natural  course  of  events, 
although  he  never  received  a  formal  api^oint- 
ment  to  the  office. 

♦Correspondence  and  Public  Papers  of  John  Jay,  III,  369. 
fSee  p.  67. 


FORMA  TION  OF  THE  DEPAR  TMENT. 


59 


The  records  intended  for  die  Department 
Charles  Thomson  had  had  in  his  keeping-  as 
long  as  the  old  Congress  lasted  ;  but  they  were, 
upon  his  resignation,  delivered  to  Roger  Alden 
by  order  of  Washington.  ' '  You  will  be  pleased, 
Sir,"  Washington  wrote  Thomson  July  24,  "to 
deliver  the  Books,  Records  and  Papers  of  the 
late  Congress — the  Great  Seal  of  the  federal 
Union — and  the  Seal  of  the  Admiralty,  to  Mr, 
Roger  Alden,  the  late  Deputy  Secretary  of  Con- 
gress, who  is  requested  to  take  charge  of  them 
until  further  directions  shall  be  given."* 

Information  of  the  law  authorizinsf  the  new 
Executive  Department  of  Foreign  Affairs  was 
conveyed  by  the  President  to  the  Governors  of 
the  several  States  July  5,  and  September  21 
they  were  informed  of  the  passage  of  the  Act 
making  it  the  Department  of  State.*  A  few  days 
later  Jay  was  nominated  to  be  Chief  Justice  and 
Thomas  Jefferson  to  be  Secretary  of  State,  and 
both  were  commissioned  September  26. 

*  Department  of  State  MS.  archives. 


6o  FORMAT/ON  OF  TIIF  DFPARTMFNT. 

Jay  accepted  at  once,  but  continued  to  dis- 
charge the  duties  of  Secretary  of  State  for  some 
months.  Under  date  of  October  13,  Washing- 
ton informed  Jefferson  of  his  appointment,  and 
added  that  "Mr.  Jay  had  been  so  obhging  as  to 
continue  his  good  offices."  Mr.  Alden,  he  said, 
had  the  State  papers  and  Mr.  Remsen  those 
relating  immediately  to  foreign  affairs. '=' 

When  this  letter  was  written,  Jefferson  had 
not  yet  returned  to  America  from  his  mission  to 
France.  Upon  his  arrival  Jay  wrote  to  him, 
December  12,  congratulating  him  upon  his  ap- 
pointment and  recommending  to  him  favorably 
"the  Young  gentlemen  in  the  office."-)-  Jeffer- 
son accepted  the  office  in  the  following  lettef  to 
the  President: 

Monticello  Feb.  14.  1790 
Sir 

I  have  duly  received  the  letter  of  the  21st  of  January 
with  which  you  have  honored  me,  and  no  longer  hesitate  to 
undertake  the  office  to  which  you  are  pleased  to  call  me. 

*  Department  of  State  MS.  archives. 

t  Correspondence  and  Public  Papers  of  J  olin  Jay,  111,381. 


FORMATION  OF  THF  DFPAKTMFNT^.  6  I 

Your  desire  that  I  should  come  on  as  quickly  as  possible  is  a 
sufficient  reason  for  me  to  postpone  every  matter  of  busi- 
ness, however  pressing,  which  admits  postponement.  Still 
it  will  be  the  close  of  the  ensuing  week  before  I  can  get 
away,  &  then  I  shall  have  to  go  by  the  way  of  Richmond, 
which  will  lengthen  my  road.  I  shall  not  fail  however  to 
go  on  with  all  the  dispatch  possible  nor  to  satisfy  you,  I 
hope,  when  I  shall  have  the  honor  of  seeing  you  at  New 
York,  that  the  circumstances  which  prevent  my  immediate 
departure,  are  not  under  my  controul.  I  have  now  that 
of  being  with  sentiments  of  the  most  perfect  respect  cv:  at- 
tachment, Sir 

Your  most  obedient  &  most  humble  servant 

Th.  Jefferson. 
The  President  of  the  U.  S.* 

Shortly  afterwards  he  assumed  office,  the  rec- 
ords were  turned  over  to  him,  and  the  Depart- 
ment of  State  was  fairly  started  in  its  career. 
The  compensation  of  the  Secretary  was  fixed 
by  the  Act  of  September  ii,  1789,  at  $3,500 
per  annum,  that  of  the  Chief  Clerk  at  $800, 
and  of  the  other  clerks  at  not  more  than  5^500. 

♦Department  of  State  MS.  archives. 


62  FORMATION  OF  THE  DEPARTMENT. 

The  number  of  the  latter  was  left  to  the  Secre- 
tary's discretion,  being  limited,  of  course,  by 
the  amount  of  money  set  apart  for  the  Depart- 
ment. 


III. 

THE  NEW  DEPARTMENT— DUTIES  THAT  ARE  NO 
LONGER    UNDER    ITS  SUPERVISION. 

\  "\  7HEN  Jefferson  entered  upon  his  new  du- 
ties, he  found  in  the  Department  two 
officials  whose  services  under  the  Government 
had  extended  over  a  number  of  years.  They 
were  Roger  Alden  and  Henry  Remsen,  jr.  The 
former  had  been  Deputy  Secretary,  under 
Thomson,  to  the  old  Congress,  and,  when  the 
Department  of  State  was  created,  received  from 
Tobias  Lear,  Washington's  Secretary,  orders 
to  retain  in  his  possession  the  records  and  pub- 
lic acts,  to  be  delivered  to  the  Secretary  of  State 
whenever  the  latter  should  enter  upon  the  du- 
ties of  his  office.'''  He  served  as  Chief  Clerk 
of  the  Department  for  a  few  months  after  Jef- 
ferson became  Secretary,  and  in  a  letter  dated 

*  Department  of  State  MS.  archives. 

63 


64  THE  NE  W  DEPARTMENT. 

July  25,  1790,  tendered  his  resignation,  in  order, 
as  he  said,  to  enter  into  a  more  lucrative  en- 
gagement.'='  Henry  Remsen,  jr.,  had  been  con- 
nected with  the  conduct  of  the  foreign  affairs  of 
the  Government  from  March,  1784,  when,  just 
before  Jay's  election  as  Secretary  for  Foreign 
Affairs,  he  was  elected  Under  Secretary.f 
When  Alden  retired,  Remsen  succeeded  to  the 
rank  of  Chief  Clerk,  and  held  the  position  until 
1792,  when  he  was  appointed  First  Teller  to  the 
new  United  States  Bank,  and  George  Taylor, 
jr.,  who  had  been  a  clerk  in  the  Department  for 
seven  years,  took  his  place. J 

From  the  very  beginning  the  Department  of 
State,  more  than  any  other  Executive  Depart- 
ment, was  closely  connected  with  the  President, 
and  was,  in  a  measure,  the  President's  office. 
Washington  not  only  referred  to  it  all  official 
letters  bearing  upon  its  business,  but  made  it 

*  Department  of  State  MS.  archives.     There  is  evidence  that  he  was  siihsequently 
an  applicant  for  office,  being  recommended  by  his  old  chief,  Charles  Thomson. 
^Ante,  p.  35- 
\  Department  of  State  MS.  archives. 


THE  NE  W  DEPAR  TMENT.  6  5 

the  repository  of  the  drafts  of  his  pubHc  letters, 
and,  to  a  more  limited  extent,  of  his  private  cor- 
respondence. It  must  be  borne  in  mind  that  at 
that  time  the  business  of  the  Government  was 
sufficiently  light  to  render  it  possible  for  the 
President  to  attend  personally  to  matters  such 
as  are  now  rarely,  if  ever,  brought  to  his  atten- 
tion. The  Secretaries  of  the  Executive  Depart- 
ments were  then  more  literally  secretaries  than 
they  are  now,  and  the  President  was  literally 
the  fountain  from  whence  all  Executive  action 
sprang.  It  was  Jefferson's  custom  to  consult 
his  chief  frequently.  Notes,  of  which  the  fol- 
lowing is  an  example,  were  going  constantly 
from  the  Secretary  to  the  President: 

Mr.  Jefferson  has  the  honour  of  enclosing  for  the  perusal 
of  the  President,  rough  draughts  of  the  letters  he  supposes 
it  proper  to  send  to  the  court  of  France  on  the  present  oc- 
casion. He  will  have  that  of  waiting  on  him  in  person 
immediately  to  make  any  changes  in  them  the  President 
will  be  so  good  as  to  direct,  and  to  communicate  to  him 
two  letters  just  received  from  Mr  Short. 

April  5.  1790.     a  quarter  before  one.* 

*  Department  of  State  MS.  archives. 


66  THE  NEW  DEPARTMENT. 

The  Department  had  sole  control,  under  the 
President,  of  all  diplomatic  and  consular  corre- 
spondence, and  the  foreign  ministers  to  this 
country  were  required  to  communicate  directly 
with  the  Secretary  of  State.  This  rule  had  been 
laid  down  before  Jefferson's  appointment,  when 
Washington  declined  direct  correspondence 
with  Moustier,  the  French  Minister;  and  Mous- 
tier's  successor,  the  notorious  Genet,  received 
a  forcible  reminder  of  it  in  1 793. 

The  representatives  of  the  United  States 
abroad  continued  to  serve  under  the  Constitu- 
tion without,  in  all  cases,  receiving  new  appoint- 
ments, Dumas,  for  instance,  who  had  been 
employed  by  Franklin  when  the  latter  was  at 
the  head. of  the  Committee  of  Secret  Corre- 
spondence,'=•  and  whose  services  continued 
thereafter,  received  no  new  commission,  but 
continued  to  perform  his  duties  and  to  receive 
compensation.  Jefferson  wrote  to  Washington, 
February  4,  1792  : 

*Ante,  p.  4. 


THE  NEW  DEPARTMENT.  dj 

The  laws  and  appointments  of  the  antient  Congress  were 
as  valid  and  permanent  in  their  nature,  as  the  laws  of  the 
new  Congress,  or  appointments  of  the  new  Executive;  these 
laws  &  ap])ointments  in  both  cases  deriving  equally  their 
source  from  the  will  of  the  Nation  :  and  when  a  question 
arises,  whether  any  particular  law  or  appointment  is  still 
in  force,  we  are  to  examine,  not  whether  it  was  pronounced 
by  the  antient  or  present  organ,  but  whether  it  has  been 
at  any  time  revoked  by  the  authority  of  the  Nation  ex- 
pressed by  the  organ  competent  at  the  time.  The  Nation 
by  the  act  of  their  federal  convention,  established  some 
new  principles  &  some  new  organizations  of  the  govern- 
ment. This  was  a  valid  declaration  of  their  will,  and  ipso 
facto  revoked  some  laws  before  passed,  and  discontinued 
some  offices  and  officers  before  appointed.  Whenever  by 
this  instrument,  an  old  office  was  superseded  by  a  new  one, 
a  new  appointment  became  necessary;  but  where  the  new 
Constitution  did  not  demolish  an  office,  either  expressly  or 
virtually,  nor  the  President  remove  tire  officer,  both  the 
office  and  the  officer  remained.  This  was  the  case  of  sev- 
eral ;  in  many  of  them  indeed  an  excess  of  caution  dictated 
the  superaddition  of  a  new  appointment ;  but  where  there 
was  no  such  superaddition,  as  in  the  instance  of  Mr.  Dumas, 
both  the  office  and  officer  still  remained:  for  the  will  of 
the  nation,  validly  pronounced  by  the  proper  organ  of  the 
day,  had  constituted  him  their  agent,  and  that  will  has  not 


68  THE  NEW  DEPARTMENT. 

through  any  of  its  successive  organs  revoked  his  appoint- 
ment.* 

The  compensation  of  our  Ministers  abroad 
was  regulated  under  the  Act  of  July  i,  1790, 
which  authorized  the  President — 

To  draw  from  the  treasury  of  the  United  States,  a  sum 
not  exceeding  forty  thousand  dollars,  annually,  to  be  paid 
out  of  the  moneys  arising  from  the  duties  on  imports  and 
tonnage,  for  the  support  of  such  persons  as  he  shall  com- 
mission to  serve  the  United  States  in  foreign  parts,  and 
for  the  expense  incident  to  the  business  in  which  they  may 
be  employed.  Provided,  That,  exclusive  of  outfit,  which 
shall,  in  no  case,  exceed  the  amount  of  one  year's  full 
salary  to  the  minister  plenipotentiary  or  charge  des  affaires, 
to  whom  the  same  may  be  allowed,  the  president  shall  not 
allow  to  any  minister  plenipotentiary  a  greater  sum  than  at 
the  rate  of  nine  thousand  dollars  per  annum,  as  a  compen- 
sation for  all  his  personal  services,  and  other  expenses;  nor 

♦Department  of  State  MS.  archives. 

It  may  be  remarked,  as  bearing  upon  this  subject,  that  the  custom  of  returning  the 
commission  to  tlie  Department  under  which  the  officer  served,  upon  his  resignation, 
was  not  uncommon  at  this  period.  Washington  returned  his  commission  as  Com- 
mander in  Chief  of  the  Army  into  the  hands  of  the  President  of  Congress  when  he 
resigned  in  1783,  and  the  Department  archives  show  similar  cases  after  that;  but 
Andrew  Jackson,  when  John  Branch  resigned  as  Secretary  of  the  Navy  in  i83i,sent 
back  to  him  the  commission  he  had  returned,  saying  :  "  It  is  your  own  private  prop- 
erty, and  by  no  means  to  be  considered  part  of  the  archives  of  the  government.  Ac- 
cordingly I  return  it."     The  custom  has  since  been  entirely  abandoned. 


THE  NE  W  DEPA R  TMENT.  69 

a  greater  sum  for  the  same,  than  four  thousand  five  hundred 
dollars  per  annum  to  a  charge  des  affaires;  nor  a  greater 
sum  for  the  same,  than  one  thousand  three  hundred  and 
fifty  dollars  per  annum  to  the  secretary  of  any  minister 
plenipotentiary.  And  provided,  also,  That  the  president 
shall  account,  specifically,  for  all  such  expenditures  of  the 
said  money  as,  in  his  judgment,  may  be  made  public,  and 
also  for  the  amount  of  such  expenditures  as  he  may  think  it 
adviseable  not  to  specify,  and  cause  a  regular  statement  and 
account  thereof  to  be  laid  before  congress  annually,  and  also 
lodged  in  the  proper  office  of  the  treasury  department. 

Sect.  2  And  be  it  further  enacted,  That  this  act  shall 
continue  and  be  in  force  for  the  space  of  two  years  there- 
after and  no  longer. 

This  Act  was  continued  in  force  in  subsequent 
years,  with  additional  appropriations  for  specific 
purposes  of  foreign  intercourse,  and  the  Act  of 
May  I,  1 8 10,  included  Consuls  to  Algiers  and 
other  states  on  the  coast  of  Barbary,  the  salary 
being  limited  to  ^4,000  for  the  Consul  at  Algiers 
and  ;^2,ooo  for  those  at  other  states  on  the  Bar- 
bary coast;  but  they  were  to  have  no  payments 
whatever  for  outfits.  By  this  Act,  also,  the 
President  was  authorized  to  make  foreign  ap- 


70 


THE  NEW  DEPARTMENT. 


pointments  during  the  recess  of  the  Senate,  to 
"be  submitted  to  the  Senate  at  the  next  session 
thereafter,  for  their  advice  and  consent." 

Other  Consuls  were  not,  at  this  time,  in  re- 
ceipt of  regular  salaries,  their  payment  coming 
from  the  fees  of  office  which  they  were  allowed 
to  collect. 

In  1792  (November  5)  Jefferson  made  a  re- 
port on  the  subject  of  expenditures  as  follows  r^ 

Estimate  of  the  fund  of  40,000  Dol.  for  foreign  intercourse, 
and  its  application 

D  D 

1790  July  I.  to  1791  July  I.  a  year's  appropriation. ..40,000 

1791  July  I,  to  1792  July  I  do  ...40,000 

1792  July  I,  to  1793  Mar.  3  being  8jL  months 27,000 

107 ,000 

1790.  July  I. to  1 79 1.  July  l,actual  expenses  incurred.. 2 1 ,054 

1791.  July  I.  to  1792  July  I.  do  ..43,431.09 

1792.  July  I.  to  1793.  Mar.  3.  the  probable  expenses 

may  be  abt 26 ,  300 

Surplus  unexpended  will  be  about 16,214.91 

107 ,000 

He  estimated  the  ordinary  expenses  of  the 
different  grades  of  diplomatic  missions  as  fol- 
lows (dated  November  5,  1792):'=' 

*  Department  of  State  MS.  an;hives. 


THE  NEW  DEPARTMENT. 


71 


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72  THE  NEW  DEPARTMENT. 

This  question  is  further  elucidated  by  the  fol- 
lowing (dated  April  i8,  1793): 

The  Secretary  of  State  thinking  it  his  duty  to  communi- 
cate to  the  President  his  proceedings  of  the  present  year 
for  transferring  to  Europe  the  annual  fund  of  40,000  Dollars 
appropriated  to  the  department  of  State  (a  report  whereof 
was  unnecessary  the  two  former  years,  as  monies  already 
in  the  hands  of  our  bankers  in  Europe  were  put  under  his 

orders) 

Reports 

That  in  consequence  of  the  President's  order  of  Mar. 
23.  he  received  from  the  Secretary  of  the  Treasury  Mar.  31. 
a  warrant  on  the  Treasury  for  39.500  Dollars  :  that  it  being 
necessary  to  purchase  private  bills  of  exchange  to  transfer 
the  money  to  Europe,  he  consulted  with  persons  acquainted 
with  that  business,  who  advised  him  not  to  let  it  be  known 
that  he  was  to  jturchase  bills  at  all,  as  it  would  raise  the 
exchange,  and  to  defer  the  purchase  a  few  days  till  the 
British  packet  should  be  gone,  on  which  went  bills  gener- 
ally sunk  some  few  percent.  He  therefore  deferred  the 
purchase,  or  giving  any  orders  for  it  till  Apr.  10,  when  he 
engaged  Mr.  Vaughan  (whose  line  of  business  enabled  him 
to  do  it  without  suspicion)  to  make  the  purchase  for  him  : 
he  then  delivered  the  warrant  to  the  Treasurer,  &  received 
a  credit  at  the  Bank  of  the  U  S.  for  39,500  D.  whereon  he 


THE  NE IV  DEPAR  TMENT. .  J  3 

had  an  account  opened  between  "The  I)ei)artment  of  State 
&  the  Bank  of  the  US."  That  Mr.  Vaughan  procured 
for  him  the  next  day  the  following  bills. 

£  Sterl  Doll 

Willing,  Morris  &  Swanwick  on  John  1^  Francis 

Baring  &  Co.  I-ondon 3000       for    13,000 

Walter  Stewart  on  Joseph  Uirch — merch'  Liv- 
erpool         400-0  =     1,733.33 

Robert  Gilmer  &  Co.  on  James  Strachan  &  James 

Mackenzie,    London,  indorsed  by  Mordecai 

£ 
Lewis 200  ") 

150  r         600-0  =     2,600 

250) 

4000-0  =  17,333-33 

averaging  4''-7yVo''  ^^^  dollar,  or  about  2%  per  cent  above 
par,  which  added  to  the  i.  per  cent  loss  heretofore  always 
sustained  on  the  government  bills  (which  allowed  but  99 
florins,  instead  of  100  do.  for  every  40.  dollars)  will  render 
the  fund  somewhat  larger  this  year  than  heretofore:  that 
these  bills  being  drawn  on  London  (for  none  could  be  got 
on  Amsterdam  but  to  considerable  loss,  added  to  the  risk 
of  the  present  possible  situation  of  that  place)  he  had  them 
made  payable  to  Mr.  Pinckney,  and  inclosed  them  to  him 
by  Capt.  Cutting,  in  the  letter  of  Apr.  12  now  communi- 
cated to  the  President,  and  at  the  same  time  wrote  the  let- 
ter of  the  same  date  to  our  bankers  at  Amsterdam  &  to 


74  THE  NEW  DEPARTMENT. 

Col°  Humphreys,  now  also  communicated  to  the  President, 
which  will  place  under  his  view  the  footing  on  which  this 
business  is  put,  and  which  is  still  subject  to  any  change  he 
may  think  proper  to  direct,  as  neither  the  letters  nor  bills 
are  yet  gone. 

The  Secretary  of  state  proposes  hereafter  to  remit  in  the 
course  of  each  quarter,  10,000  D.  for  the  ensuing  ([uarter, 
as  that  will  enable  him  to  take  advantage  of  the  times  when 
exchange  is  low.  He  proposes  to  direct  at  this  time  a 
further  purchase  of  12,166.66  D.  (which  with  the  500  D. 
formerly  obtained  &  17,333-33  now  remitted,  will  make 
30,000  D  of  this  year's  fund)  at  long  sight,  which  circum- 
stance with  the  present  low  rate  of  exchange  will  enable 
him  to  remit  it  to  advantage. 

He  has  only  further  to  add  that  he  delivered  to  Mr. 
Vaughan  orders  on  the  bank  of  the  U  S.  in  favor  of  the 
persons  themselves  from  whom  the  bills  were  purchased  for 
their  respective  sums.-'- 

The  Department  was  the  medium  through 
which  correspondence  with  the  National  Gov- 
ernment and  the  several  State  governments  was 
conducted.  How  the  communications  from  the 
States  to  Congress  were  to  be  transmitted  was 

'■'Department  of  State  MS.  archives. 


THE  NEW  DEPARTMENT.  75 

the  subject  of  the  following  letter  from  Jeffer- 
son to  Washington  (April  i,  1790):''' 

Th.  Jefferson  has  the  honor  to  inform  the  President  that 
Mr  Madison  has  just  delivered  to  him  the  result  of  his 
reflections  on  the  question  How  shall  communications  from 
the  several  states  to  Congress  through  the  channel  of  the  Pres- 
ident be  made  ? 

He  thinks  that  in  no  case  would  it  be  proper  to  go  by- 
way of  letter  from  the  Secretary  of  state :  that  they  should 
be  delivered  to  the  houses  either  by  the  Secretary  of  state 
in  person  or  by  Mr  Leir,  he  supposes  a  useful  division  of 
the  office  might  be  made  between  these  two,  by  employing 
the  one  where  a  matter  of  fact  alone  is  to  be  communicated, 
or  a  paper  delivered  in  the  ordinary  course  of  things  and 
where  nothing  is  required  by  the  President ;  and  using  the 
agency  of  the  other  where  the  President  chuses  to  recom- 
mend any  measure  to  the  legislature  and  to  attract  their 
attention  to  it. 

The  President  will  be  pleased  to  order  in  this  what  he 
thinks  best.  T.  Jefferson  supposes  that  whatever  may  be 
done  for  the  present,  the  final  arrangement  of  business 
should  be  considered  as  open  to  alteration  hereafter.  The 
government  is  as  yet  so  young,  that  cases  enough  have  not 
occurred  to  enable  a  division  of  them  into  classes,  and  the 

*  Department  of  State  MS.  archives. 


7  6  THE  NE IV  BETA  R  TMENT. 

distribution  of  these  classes  to  the  persons  whose  agency 
would  be  the  properest. 

He  sends  some  letters  for  the  President's  perusal,  pray- 
ing him  to  alter  freely  anything  in  them  which  he  thinks 
may  need  it. 

Touchioi^  the  question  of  correspondence 
with  the  several  Governors,  he  wrote  November 
6,  1791  : 

I  have  the  honour  to  inclose  you  a  draught  of  a  letter  to 
Governor  Pinckney,  and  to  observe  that  I  suppose  it  to  be 
proper  that  there  should,  on  fit  occasions,  be  a  direct  cor- 
respondence between  the  President  of  the  U.  S.  and  the 
governors  of  the  states;  and  that  it  will  probably  be  grate- 
ful to  them  to  receive  from  the  President  answers  to  the 
letters  they  address  to  him.  The  correspondence  with 
them  on  ordinary  business  may  still  be  kept  up  by  the  Sec- 
retary of  State  in  his  own  name.* 

Having  reached  this  point  in  our  inquiry  into 
the  Department's  business,  it  will  be  found  con- 
venient to  consider  the  functions  which  fell  to 
its  charge  under  the  law  separately.  Those 
which  have,  in  the  course  of  time,  passed  out  of 


*  Ucpurtmciu  <if  Slate  MS.  archives. 


THE  NEW  DEPARTMENT. 


77 


its  jurisdiction  are  several.  First  in  the  order 
of  importance  is  the  patent  business.  This  was 
■regulated  by  the  Act  of  April  lo,  1790,  as  fol- 
lows : 

Be  it  enacted,  etc.,  That  upon  the  petition  of  any  person 
or  persons,  to  the  secretary  of  state,  the  secretary  for  the 
department  of  war,  and  the  attorney  general  of  the  United 
States,  setting  forth,  that  he,  she,  or  they  hath,  or  have, 
invented  or  discovered,  any  useful  art,  manufacture,  engine, 
machine,  or  device,  or  any  improvement  therein,  not  before 
known  or  used,  and  praying  that  a  patent  may  be  granted 
therefor,  it  shall  and  may  be  lawful  to  and  for  the  said 
secretary  of  state,  the  secretary  for  the  department  of  war, 
and  the  attorney  general,  or  any  two  of  them,  if  they  shall 
deem  the  invention  or  discovery  sufficiently  useful  and 
important,  to  cause  letters  patent  to  be  made  out  in  the 
name  of  the  United  States,  reciting  the  allegations  and 
suggestions  of  the  said  petition,  and  describing  the  said 
invention  or  discovery,  clearly,  truly,  and  fully,  and  there- 
upon granting  to  such  petitioner  or  petitioners,  his,  her, 
or  their  heirs,  administrators  or  assigns,  for  any  term 
not  exceeding  fourteen  years,  the  sole  and  exclusive  right 
and  liberty  of  making,  constructing,  using,  and  vending 
to   others  to  be   used,  the  said   invention   or  discovery; 


7  8  THE  NE  W  DEPA  R  TMENT. 

which  letters  patent  shall  be  delivered  to  the  attorney  gen- 
eral of  the  United  States,  to  be  examined,  who  shall,  within 
fifteen  days  next  after  the  delivery  to  him,  if  he  shall  find 
the  same  conformable  to  this  act,  certify  it  to  be  so  at  the 
foot  thereof,  and  present  the  letters  patent  so  certified  to 
the  president,  who  shall  cause  the  seal  of  the  Ihiited  States 
to  be  thereto  affixed,  and  the  same  shall  be  good  and  avail- 
able to  the  grantee  or  grantees,  by  force  of  this  act,  to  all 
and  every  intent  and  purpose  herein  contained,  and  shall 
be  recorded  in  a  book  to  be  kept  for  that  purpose  in  the 
office  of  the  secretary  of  state,  and  delivered  to  the  patentee 
or  his  agent ;  and  the  delivery  thereof  shall  be  entered  on 
the  record,  and  endorsed  on  the  patent  by  the  said  secre- 
tary, at  the  time  of  granting  the  same. 

Sect.  2.  And  be  it  fmiher  enactcti.  That  the  grantee  or 
grantees  of  each  patent  shall,  at  the  time  of  granting  the 
same,  deliver  to  the  secretary  of  state  a  specification  in 
writing,  containing  a  description,  accompanied  with  drafts 
or  models,  and  explanations  and  models  (if  the  nature  of 
the  invention  or  discovery  will  admit  of  a  model)  of  the 
thing  or  things,  by  him  or  them  invented,  or  discovered, 
and  described  as  aforesaid,  in  the  said  patents;  which  speci- 
fications shall  be  so  particular,  and  said  models  so  exact, 
as  not  only  to  distinguish  the  invention  or  discovery  from 
other  things  before  known  and  used,  but  also  to  enable  a 
workman  or  other  person  skilled  in  the  art  or  manufacture, 


THE  NE  W  DEPAR  TMENT.  79 

whereof  it  is  a  branch,  or  wherewith  it  may  be  nearest  con- 
nected, to  make,  construct,  or  use,  the  same,  to  the  end 
that  the  public  may  have  the  full  benefit  thereof,  after  the 
expiration  of  the  patent  term  ;  which  specification  shall  be 
filed  in  the  office  of  the  said  secretary,  and  certified  copies 
thereof  shall  be  competent  evidence  in  all  courts,  and  be- 
fore all  jurisdictions,  where  any  matter,  or  thing,  touching 
or  concerning  such  patent  right  or  privilege,  shall  come  in 
question. 

Sect.  3.  And  be  it  ftirther  enacted,  That  upon  the  appli- 
cation of  any  person  to  the  secretary  of  state,  for  a  copy  of 
any  such  specification,  and  for  permission  to  have  similar 
model  or  models  made,  it  shall  be  the  duty  of  the  secre- 
tary to  give  such  copy,  and  to  permit  the  person  so  apply- 
ing for  a  similar  model  or  models,  to  take,  or  make,  or 
cause  the  same  to  be  taken  or  made,  at  the  expense  of  such 
application. 

Sect.  4.  And  be  it  furtlicr  enacted.  That  if  any  person 
or  persons  shall  devise,  make,  construct,  use,  employ,  or 
vend,  within  these  United  States,  any  art,  manufacture, 
engine,  machine,  or  device,  or  any  invention  or  improve- 
ment upon,  or  in,  any  art,  manufacture,  engine,  machine, 
or  device,  the  sale  and  exclusive  right  of  which  shall  be  so 
as  aforesaid  granted  by  patent,  to  any  person  or  persons, 
by  virtue  and  in  pursuance  of  this  act,  without  the  consent 
of  the  patentee  or  patentees,  their  executors,  administrators, 


8o  THE  NE  W  DEPA  R  TMENT. 

or  assigns,  first  had  and  obtained  in  writing,  every  person 
so  offending,  shall  forfeit  and  pay  to  the  said  patentee  or 
patentees,  his,  her,  or  their  executors,  administrators,  or 
assigns,  such  damages  as  shall  be  assessed  by  a  jury,  and 
moreover  shall  forfeit  to  the  person  aggrieved,  the  thing 
or  things  so  devised,  made,  constructed,  used,  employed, 
or  vended,  contrary  to  the  true  intent  of  this  act,  which 
may  be  recovered  in  an  action  on  the  case,  founded  on  this 
act. 

[Sections  5  and  6  relate  to  suits  in  patent  cases  before 
the  courts.] 

Sect.  7.  And  be  it  further  enacted,  That  such  patentee 
as  aforesaid,  shall,  before  he  receives  his  patent,  pay  the 
following  fees  to  the  several  officers  employed  in  making 
out  and  perfecting  the  same,  to  wit :  For  receiving  and  fil- 
ing the  petition,  fifty  cents ;  for  filing  specifications,  per 
copysheet,  containing  one  hundred  words,  ten  cents ;  for 
making  out  patent,  two  dollars  ;  for  affixing  the  great  seal, 
one  dollar ;  for  endorsing  tlie  day  of  delivering  of  the 
same  to  the  j^atentee,  including  all  intermediate  services, 
twenty  cents. 

Under  date  of  March  31,  1791,  Remsen  made 
a  report  on  the  state  of  the  patent  business, 
showing  that  a  considerable  number  of  appH- 
cations  were  then  pending,  waiting  the  proper 


THE  NE  W  DEPAR  TMENT.  8  I 

specifications,  drawings,  and  models  before  ac- 
tion could  be  taken  on  them  by  the  Board,  which 
consisted  of  the  Secretaries  of  State  and  of 
War  and  the  Attorney-General.'-'  The  fees  for 
making  out  patents  amounted  to  $3.70,  and 
10  cents  for  every  hundred  words  of  the  specifi- 
cation, and  were  a  perquisite  of  the  Chief  Clerk 
and  his  assistant. 

The  patent  granted  to  Samuel  Hopkins, 
which  was  the  first  one  issued,  was  dated  July 
31,  1790,  and  signed  by  the  President,  Jefferson, 
and  Edmund  Randolph,  the  Attorney-General. 
Three  patents  were  issued  that  year. 

The  applications  were  immediately  under 
Remsen's  charge,  and  were  acted  upon  finally 
by  the  Board. 

In  1793  another  act  relative  to  patents  was 
passed,  by  which  the  Board  was  abolished  and 
the  Secretary  of  State  alone  left  as  the  head  of 
the  Patent  Office.  Remsen  continued  in  charge 
of  it  until   1802,  when  Dr.  William  Thornton 

♦Department  of  State  MS.  archives. 


82  THE  NEW  DEPARTMENT. 

was  appointed  a  clerk  at  $1,400  per  annum  and 
given  control  of  this  branch  of  the  Depart- 
ment's affairs.  In  1821  he  assumed  the  title  of 
"Superintendent"  of  Patents;  but  it  was  not 
until  the  appropriation  act  of  1830,  after  his 
death,  that  the  designation  received  legal  ac- 
ceptation. He  died  in  1828,  and  was  succeeded 
by  Thomas  P.  Jones,  who,  in  turn,  gave  place 
to  Dr.  John  D.  Craig  in  1830.  Craig  was  the 
first  to  make  an  orderly  arrangement,  by  sub- 
jects, of  the  drawings  and  models  in  his  charge; 
but  his  methods  of  business  were  so  irresfular 
as  to  necessitate  an  official  investigation  in  1833, 
undersecretary  Martin  Van  Buren.  Craig  was 
censured,  and  a  number  of  new  rules  for  con- 
ducting the  patent  business  were  laid  down. 

In  1 8 10  the  Patent  Office  was  given  quarters, 
by  Act  of  April  28,  in  a  building  apart  from  the 
Department  of  State,  although  it  still  remained 
under  that  Department.  The  salaries  of  the 
officers  and  clerks  were  paid  out  of  tl\e  fees 
collected,  which,  under  the  law,  were  paid  into 


THE  NEW  DEPARTMENT.  83 

the  Treasury  and  drawn  upon,  and  diis  prac- 
tice maintained  as  late  as  1868.  In  1849,  when 
the  Department  of  the  Interior  was  estabHshed, 
the  Patent  Office  became  a  part  of  it.  It  had, 
for  all  practical  purposes,  been  independent  of 
the  Department  of  State  for  some  years. "•=' 

In  addition  to  the  patents,  the  Department 
of  State  became,  under  the  Act  of  May  31, 
1 790,  the  repository  for  maps,  charts,  and  books 
for  which  copyright  might  be  granted  by  the 
United  States  District  Courts.  Although  there 
are  applications  for  copyright  among  the  old 
Department  archives,  it  does  not  appear  that 
the  power  of  granting  them  ever  belonged  to 
the  Secretary  of  State.  His  office  was  merely 
to  be  the  place  of  final  lodgment  of  the  rec- 
ords, and  February  3,  1831,  a  law  was  passed 
requiring  the  Clerks  of  the  District  Courts  to 
transmit  to  him  once  a  year  certified  lists  of  all 
records  of  copyrights  granted,  as  well  as  copies 

*On  the  subject  of  the  history  of  the  Patent  Office  see  Official  Gazette  of  U.  S. 
Patent  Office,  Vol.  12,  No.  15,  and  The  Patent  System  of  the  United  States  ;  a  His, 
lory;  by  Levin  H.  Campbell,  Washington,  xSji. 


8 4  THE  NE IV  DEPAR  TMENT. 

of  the  works  themselves.  All  of  the  records, 
books,  maps,  charts,  etc.,  were,  by  Act  of  Feb- 
ruary 5,  1859,  turned  over  to  the  Department 
of  the  Interior,  and  later  to  the  Library  of  Con- 
gress, under  whose  supervision  the  business 
now  is. 

Another  of  the  earlier  functions  of  the  De- 
partment of  State  was  the  superintendence  of 
the  census  enumeration,  the  first  one  being  re- 
quired, by  Act  of  March  3,  1 790,  to  be  made  by 
the  several  United  States  Marshals.  The  re- 
turns were  filed  with  the  Clerks  of  the  Federal 
District  Courts,  and  by  them  transmitted  to  the 
President,  by  whom,  in  turn,  they  were  sent  to 
Congress.  They  were  then  printed  by  order 
of  Congress,  under  the  supervision  of  the  Sec- 
retary of  State  ;  and  the  Act  of  February  28, 
1800,  authorizing  the  second  census,  ordered 
the  Clerks  of  the  District  Courts  to  send  the 
returns  direct  to  the  Secretary  of  State,  who 
was  authorized  to  furnish  the  Marshals  with 
necessary  instructions.    He  was  also  authorized 


THE  NEW  DEPARTMENT.  85 

in  1 8 10  to  print  the  returns.  His  duties  were 
thus  supervisory  and  appellate.  This  system 
continued  in  vogue  until  1849,  when  the  busi- 
ness was  turned  over  to  the  Department  of  the 
Interior,  under  the  provisions  of  the  act  creating 
that  Department. 

In  the  absence  of  any  home  department,  the 
affairs  of  the  Territories  fell  in  the  beginning 
under  the  supervision  of  the  Secretary  of  State. 
When  the.  Constitution  was  formed  the  Terri- 
tory Northwest  of  the  Ohio  was  the  only  one. 
Its  government,  which  had  been  organized  un- 
der the  Articles  of  Confederation,  was  continued 
under  the  Constitution  by  the  Act  of  August 
7,  1789.  The  communications  from  the  Ter- 
ritorial Governor  intended  for  Congress  were 
transmitted  through  the  President  and  the  cor- 
respondence between  the  President  and  Gov- 
ernor was  conducted  through  the  Department 
of  State.  The  Secretary  of  State  was  directed, 
by  Act  of  May  8,  1792,  to  have  the  laws  of  the 
Territory  printed,  and  to  provide  seals  for  the 


8  6  THE  NE  JF  DRPA  R  TMENT. 

Territorial  officers.  As  the  Territory  came,  in 
course  of  time,  to  be  divided  into  several  sepa- 
rate governments,  the  labors  of  the  Department 
of  State  necessarily  increased.  When  the  De- 
partment of  the  Interior  was  created  in  1849, 
the  business  was  transferred  to  its  jurisdiction. 
Questions  concerning  the  public  lands,  al- 
though intimately  related  to  Territorial  affairs, 
were,  in  the  days  immediately  following  the  or- 
ganization of  the  Government,  under  the  super- 
vision of  the  Treasury  Department;  but  an  ex- 
ception must  be  noted  in  the  famous  "Yazoo 
claims  case."  Under  Act  of  March  3,  1803, 
claims  for  the  Yazoo  lands  were  filed  with  the 
Secretary  of  State  and  recorded  in  books  in  his 
Department,  the  claimants  paying  at  the  rate 
of  12^/^  cents  per  hundred  words  for  the  re- 
cording. By  Act  of  March  31,  1 8 1 4,  the  Secre- 
taries of  State  and  of  the  Treasury  and  the 
Attorney-General  were  constituted  a  Board  of 
Commissioners  to  adjudge  these  claims,  the  re- 
leases, assignments,  and  powers  to  be  depos- 


THE  NE  W  DEPA  R  TMENT.  8  7 

ited  in  the  office  of  the  Secretary  of  State.  All 
the  papers  are  now  a  part  of  the  Department 
of  State  archives. 

There  have  at  various  times  been  assigned  to 
the  Department  of  State  duties  of  a  lesser  de- 
gree of  importance  which  have  either  terminated 
absolutely  or  been  transferred  to  other  Depart- 
ments. Amonor  these,  it  will  be  sufficient  to 
mention  the  biennial  register,  or  "Blue  Book," 
the  issuance  of  which  came  under  the  Depart- 
ment's charge  by  a  resolution  of  Congress  of 
April  27,  181 6,  which  required  that  there  should 
be  issued  once  in  two  years  a  correct  list  of  all 
persons  in  the  civil,  military,  and  naval  service 
of  the  Government  of  the  United  States.  The 
resolution  also  specified  to  whom  the  volume 
was  to  be  sent.  The  Department  continued 
the  regular  publication  of  this  volume  until,  by 
Act  of  February  20,  1861,  it  was  placed  under 
the  charge  of  the  Department  of  the  Interior. 

Having  disposed  of  the  duties  which  are  no 
longer  under  the  Department  of  State,  those 


88  THE  NE  W  DEPAR  TMENT. 

which  now  constitute  its  functions  may  be  taken 
up,  and,  first,  it  will  be  convenient  to  show  the 
subdivisions  which  have  charge  of  them. 


IV. 

SUBDIVISIONS  OF  THE  DEPARTMENT  OF  STATE. 

TN  treating-  of  the  subject  of  compensation 
of  the  officers  and  clerks  of  the  Depart- 
ment of  State  and  of  the  subdivision  of  the  ex- 
ecutive force,  it  will  be  sufficient,  for  the  pur- 
pose of  illustrating  the  development  of  the 
present  system,  to  take  up  the  subject  at  differ- 
ent periods  rather  than  year  by  year. 

The  compensation  was  fixed  in  the  beginning, 
by  Act  of  September  1 1,  1789,  as  has  been  pre- 
viously shown,*  at  ^3,500  per  annum  for  the 
Secretary  of  State,  ;^8oo  for  the  Chief  Clerk, 
and  for  the  clerks  not  more  than  $500  each. 
The  number  of  clerks  was  left  to  the  Secretary, 
being  limited  only  by  the  amount  set  apart  for 

*  Ante,  p.  61. 

89 


90  SUBDIVISIONS  OF  THE  DEPARTMENT. 

the  Department.  A  few  years  later  the  rates  of 
compensation  for  the  clerks  were  left  with  the 
Secretary.  The  Act  of  April  21,  1806,  required 
that  the  names  and  salaries  of  the  clerks  be  re- 
ported to  Congress  annually,  and  April  20, 
181 8,  Congress  increased  the  salaries.  The 
Act  of  February  20,  18 19,  raised  the  Secre- 
tary's salary  to  $6,000  per  annum. 

In  1829  the  annual  report  of  Henry  Clay, 
Secretary  of  State,  showed  the  organization  of 
the  Department  to  be  a  Chief  Clerk  at  $2,000, 
three  clerks  at  $1,600,  five  at  $1,400,  three  at 
$1,000,  two  at  $800;  in  the  Patent  Office,  a 
superintendent  at  $1,500,  one  clerk  at  $1,000, 
and  one  at  $800.  One  of  the  clerks  at  $1,000 
in  the  Department  proper  received,  in  addition 
to  his  regular  salary,  $250  a  year  as  a  trans- 
lator, the  payment  being  made  out  of  the  con- 
tingent fund.  The  sum  of  $1,216,  also,  was 
paid  for  extra  clerical  assistance.  The  year 
following  this  report  Congress  fixed  the  com- 
pensation of  the  officers  and  clerks  at  substan- 


SUBDIVISIONS  OF  THE  DEPARTMENT.  gi 

tially  the  same  rates  as  were  reported  by  Mr. 
Clay. 

The  appropriation  for  the  payment  of  the 
clerical  force  increased  gradually  year  by  year, 
and  in  1840  was  5^20,300.  In  1852  it  reached 
^33,700,  which  included,  however,  the  salaries 
of  the  Secretary  and  the  messengers.  There 
were  during  this  period  additional  appropria- 
tions almost  annually  of  ^2,000  for  extra  clerical 
assistance.  In  1854  the  appropriation  rose  to 
$38,700,  and  the  next  year  to  $52,092.  In 
1857  it  was  $56,400.  It  has  continued  to  in- 
crease, and  for  the  past  ten  years  has  averaged 
more  than  $100,000  per  annum. 

A  classification  of  the  clerks  in  all  the  Execu- 
tive Departments,  except  the  Department  of 
State,  was  made  by  Act  of  March  3,  1853,  and 
two  years  later  the  law  was  extended  so  as  to 
include  the  Department  of  State.  The  perma- 
nent force  was  prescribed  to  be:  Three  clerks 
of  class  I,  two  of  class  II,  eight  of  class  III, 
eight  of  class   IV,  one  Chief  Clerk,  and  one 


92  SUBDIVISIONS  OF  THE  DEPARTMENT. 

clerk  of  class  IV  to  act  as  disbursino-  officer  and 
give  bonds.  The  last  named  was  to  act  as 
superintendent  of  the  building  and  receive  an 
additional  salary,  bringing  his  compensation  up 
to  ^2,000  per  annum.  This  Act  required  the 
examination  of  clerks  by  a  board  before  their 
appointment.  It  also  provided  for  an  Assistant 
Secretary  of  State  at  ^3,000  per  annum,  and 
raised  the  Secretary's  salary  to  5^8,000,  the 
present  rate. 
^>^ — A  Second  Assistant  Secretary  was  allowed  by 
Act  of  July  25,  1866,  at  $3,500,  the  Assistant 
Secretary's  salary  being  also  increased  ;  and 
the  Act  of  June  ^^yO,  1875,  added  the  office  of 
Third  Assistant  Secretary,  at  the  same  compen- 
sation. The  Assistant  Secretary's  salary  was 
increased  subsequently  to  $4,500. 

The  office  of  Examiner  of  Claims  was  created 
by  Act  of  August  12,  1848,  which  prescribed 
that  a  clerk  at  $2,000  per  annum  be  assigned 
to  the  duty  of  examining  claims  in  the  Depart- 
ment of  State  of  our  citizens  against  foreign 


SUBDIVISIONS  OF  THE  DEPARTMENT.  93 

governments  and  of  foreign  citizens  against  this 
Government.  The  office  became  a  regular  one 
at  $3,500  per  annum  by  Act  of  July  25,  1866. 
When  the  Department  of  Justice  was  organized 
by  the  law  of  June  22,  1870,  this  officer  was 
transferred  to  its  jurisdiction,  his  duties,  how- 
ever, remaining  a  part  of  the  functions  of  the 
Department  of  State;  and  in  1891  the  title  was 
changed  to  "Solicitor  of  the  Department  of 
State."  The  salary  of  the  Chief  Clerk  was  in- 
creased from  $800  to  $2,000,  and  by  Act  of 
March  3,  1855,  placed  at  $2,200.  It  was  raised, 
afterwards  to  $2,400,  then  to  $2,500,  and,  finally, 
to  the  present  rate  of  $2,750. 

In  the  progress  of  the  business  of  the  Depart- 
ment, as  the  clerks  have  demonstrated  especial 
fitness  for  particular  branches  of  its  business, 
they  have  been  assigned  to  them,  and  this  was 
the  origin  of  the  present  system  of  divisions  or 
bureaus. 

Taking  up  the  bureaus  separately,  the  first 
that  received  legal  sanction  were  the  Diplomatic 


94  SUBDIVISIONS  OF  THE  DEPARTMENT. 

and  Consular  Bureaus.  These  had  been  formed 
early,  the  duties  resting  with  a  division  of  the 
clerks,  supervised  by  other  clerks  who  acted  as 
chiefs.  There  were  two  Chiefs  of  the  Consular 
Bureau  and  two  of  the  Diplomatic  Bureau  ;  but 
they  were  simply  clerks  of  class  IV,  until  the 
Act  of  May  22,  1872,  recognized  them  as  chiefs 
of  bureau  and  increased  their  compensation  to 
$2,400  per  annum.  The  Act  of  June  30,  1874, 
concentrated  these  offices  in  one  Chief  for  the 
Diplomatic  Bureau  and  one  for  the  Consular 
Bureau  at  $2,400  per  annum  each. 

This  Act  also  provided  for  the  Bureau  of  Rolls 
and  Library,  with  a  Chief  at  the  same  salary. 
Previous  to  this  action  a  clerk  of  class  IV  had 
acted  as  librarian,  and  had  also  been  in  charge 
of  the  rolls  and  historical  papers. 

In  1870  there  was  instituted  the  Bureau  of 
Indexes  and  Archives,  and  it  was  given  control 
of  the  indexing  of  all  incoming  and  outgoing 
mail,  which  had  before  been  indexed  by  the  sev- 
eral other  divisions  of  the  Department.     The 


SUBDIVISIONS  OF  THE  DEPARTMENT.  95 

Act  of  March  3,  1873,  authorized  the  appoint- 
ment of  a  Chief  of  this  Bureau  at  $2,400  per 
annum. 

What  is  now  the  Bureau  of  Statistics  had 
its  origin  in  the  "Statistical  Office."  In  1842 
Daniel  Webster,  as  Secretary  of  State,  recom- 
mended to  Congress  that  the  work  of  arranging 
and  condensing  the  information  received  from 
our  Consuls  abroad  on  commercial  subjects  be 
intrusted  to  one  person,  and  that  he  should  have 
charge  of  the  correspondence  on  these  subjects. 
No  action  was  taken  on  this  recommendation 
until  1856,  when  the  Committees  on  Commerce 
in  both  Houses  of  Congress  took  it  up  and  the 
"Statistical  Office  of  the  Department  of  State" 
was  authorized,  the  first  Superintendent  being 
appointed  August  18,  1856.  In  anticipation  of 
the  action  of  Congress,  the  office  had  been  or- 
ganized by  the  Department  two  years  previ- 
ously. The  salary  of  the  "Superintendent" 
was  fixed  at  $2,000,  and  so  continued,  until  the 
Act  of  June  30,    1874,  authorized  the  Bureau 


96  SUBDIVISIONS  OF  THE  DEPARTMENT. 

of  Statistics,  the  Chief  to  receive  $2,400  per 
annum. 

The  financial  business  of  the  Department  had 
been  in  the  beginning  intrusted  to  one  of  the 
clerks,  and  the  Act  of  1855  authorized  a  dis- 
bursing clerk,  who  should  give  bonds.  By  Act 
of  March  3,  1873,  the  Bureau  of  Accounts  was 
instituted,  with  the  disbursing  clerk  as  Chief, 
with  the  same  salary  as  was  allowed  the  other 
chiefs  of  bureau. 

In  1875  the  Translator  of  the  Department, 
who  had  before  that  been  simply  one  of  the 
clerks,  was  placed  upon  the  same  footing  as 
the  chiefs,  with  the  same  salary. 

The  Appropriation  Act  of  August  15,  1876, 
reduced  all  these  salaries  to  $2,100,  which  rate 
maintains  at  the  present  time. 

Beside  the  regular  bureaus  described  above, 
the  Department  business  has  necessitated  the 
institution  of  two  others,  the  heads  of  which  are 
selected  from  the  clerical  force.  These  are  the 
Bureau  of  Commissions  and  Pardons  and  that 


SUBDIVISIONS  OF  THE  DEPARTMENT. 


97 


of  Passports.  Of  the  former  it  is  sufficient  to 
say  that  it  was  the  natural  outgrowth  of  the 
assignment  to  a  certain  clerk  of  the  papers  re- 
lating to  appointments  to  office  and  of  the 
duty  of  making  out  the  commissions  and  par- 
dons. The  Passport  Bureau  will  be  described 
later  on.''' 

As  now  constituted,  the  Executive  force  of  the 
Department  comprises  the  Secretary  of  State, 
three  Assistant  Secretaries,  a  Chief  Clerk,  a  So- 
licitor (from  the  Department  of  Justice),  Chief 
of  the  Bureau  of  Indexes  and  Archives,  Chief  of 
the  Diplomatic  Bureau,  Chief  of  the  Consular 
Bureau,  Chief  of  the  Bureau  of  Rolls  and  Li- 
brary, Chief  of  the  Bureau  of  Statistics,  Chief 
of  the  Bureau  of  Accounts,  the  Translator, 
Clerk  to  the  Secretary  of  State,  eleven  clerks  of 
class  IV,  four  clerks  of  class  III,  eight  clerks 
of  class  II,  fifteen  clerks  of  class  I,  a  telegraph 
operator  at  5)^1,200  per  annum,  five  clerks  at 
$1,000  per  annum,  ten  at  $900  per  annum,  a 

*See  p.  176, 


98  SUBDIVISIONS  OF  THE  DEPARTMENT. 

lithographer  at  $900  per  annum,  one  messen- 
ger at  $840  per  annum,  two  assistant  mes- 
sengers at  #720  per  annum,  one  packer  at 
$720  per  annum,  and  ten  laborers  at  ;^66o  per 
annum. 


V. 

DUTIES  OF  THE  DEPARTMENT  OF  STATE. 

"  I  "HE  law  that  created  the  Department  of 
State  prescribed  that  the  Secretary  should 
keep  the  seal  of  the  United  States,  and  he  thus 
became  the  custodian  of  the  most  important 
official  evidence  of  the  Federal  Executive  au- 
thority. 

The  law  reads,  that  the  Secretary  of  State 
"shall  affix  the  said  seal  to  all  civil  commissions 
to  officers  of  the  United  States,  to  be  appointed 
by  the  President  by  and  with  the  advice  and 
consent  of  the  Senate,  or  by  the  President  alone. 
Provided,  That  the  said  seal  shall  not  be  affixed 
to  any  commission,  before  the  same  shall  have 
been  signed  by  the  President  of  the  United 
States,  nor  to  any  other  instrument  or  act,  with- 
out the  special  warrant  of  the  President  there- 

99 


lOO  DUTIES  OF  THE  DEPARTMENT. 

for."  The  seal  thus  "attests,  by  an  act  sup- 
posed to  be  of  j)ul)Hc  notoriety,  the  verity  of 
the  presidential  signature."'-' 

The  commissions  were  not  countersigned  by 
the  Secretary  of  State  until  a  few  months  after 
Jefferson  had  been  in  office,  but  simply  bore  the 
President's  signature  and  the  impression  of 
the  seal.  The  device  of  the  seal,  as  adopted 
by  the  first  Congress  under  the  Constitution, 
was  the  same  as  that  adopted  by  the  old  Con- 
gress in  1782.     The  law  read: 

The  device  for  an  armorial  achievement  and  reverse  of 
the  great  seal  for  the  United  States  in  Congress  assembled, 
is  as  follows : 

ARMS.  Paleways  of  thirteen  pieces,  argent  and  gules; 
a  chief,  azure;  the  escutcheon  on  the  breast  of  the  Amer- 
ican eagle  displayed  proper,  holding  in  his  dexter  talon  an 
olive  branch,  and  in  his  sinister  a  bundle  of  thirteen  ar- 
rows, all  proper,  and  in  his  beak  a  scroll,  inscribed  with 
this  motto,  "E  pluribus  Unum." 

For  the  CREST.  Over  the  head  of  the  Ivigle,  which 
appears  above  the  escutcheon,  a  glory,  or,  breaking  through 

*  I  U.  S.  Reports,  374. 


DUTIES  OF  THE  DEPARTMENT.  lOI 

a  cloud,  proper,  and  surrounding  thirteen  stars,  forming  a 
constellation,  argent,  on  an  azure  field. 

REVERSE.     A  pyramid  unfinished. 

In  the  zenith,  an  eye  in  a  triangle,  surrounded  with 
a  glory  proper.  Over  the  eye  these/  words,  "  Anmtit 
ca'ptis.''  On  the  base  of  the  pyramid  the  numerical  let- 
ters MDCCLXXVI.  And  underneath  the  following  motto, 
' '  Novus  Ordo  Sccloriim. ' ' 

REMARKS    AND    EXPLANATION 

The  Escutcheon  is  composed  of  the  chief  and  pale,  the 
two  most  honourable  ordinaries.  The  pieces,  paly,  repre- 
sent the  several  States  all  joined  in  one  solid  compact  en- 
tire, supporting  a  Chief,  which  unites  the  whole  and  repre- 
sents Congress.  The  Motto  alludes  to  this  union.  The 
pales  in  the  arms  are  kept  closely  united  by  the  chief 
and  the  chief  depends  on  that  Union  and  the  strength 
resulting  from  it  for  its  support,  to  denote  the  Confederacy 
of  the  United  States  of  America  and  the  preservation  of 
their  Union  through  Congress.  The  colours  of  the  pales 
are  those  used  in  the  flag  of  the  United  States  of  America  ; 
White  signifies  purity  and  innocence,  Red,  hardiness  and 
valour,  and  Blue,  the  colour  of  the  Chief  signifies  vigi- 
lance perseverance  &  justice.  The  Olive  branch  and  ar- 
rows denote  the  power  of  peace  and  war  which  is  exclu- 
sively vested  in   Congress.     The  Constellation  denotes  a 


I02  DUTIES  OF  THE  DEPARTMENT. 

new  State  taking  its  place  and  rank  among  other  sovereign 
powers.  The  Escutcheon  is  born  on  the  breast  of  an 
American  Eagle  without  any  other  supporters,  to  denote 
that  the  United  States  ought  to  rely  on  their  own  Virtue. 

Reverse.  The  pyramid  signifies  Strength  and  Duration: 
The  Eye  over  it  and  the  motto  allude  to  the  many  signal 
interpositioiis  of  providence  in  favour  of  the  American 
cause.  The  date  underneath  is  that  of  the  Declaration  of 
Independence  and  the  words  under  it  signify  the  begin- 
ning of  the  new  American  yEra,  which  commences  from 
that  date. 

Passed  June  20,  1782. 

The  reverse  of  the  seal  was  not  cut  then,  nor 
has  it  ever  been  cut  since.  As  it  can  not  con- 
veniently be  used,  it  has  been  allowed  to  go 
unnoticed  officially  to  the  present  day. 

The  seal  of  the  Department,  which  the  law 
of  September  15,  i7^^9,  authorized,  followed 
closely  the  design  of  the  seal  of  the  United 
States.     The  device  has  never  been  changed. 

As  the  duties  of  the  Government  have  ex- 
panded, the  impracticability  of  having  the  seal  of 
the  United  States  attached  by  the  Department 


DUTIES  OF  THE  DEPARTMENT.  I03 

of  State  to  the  commissions  of  officers  who  are 
under  some  other  Department  has  been  recog- 
nized by  Congress.     By  the  Act  of  March  i8, 

1874,  the  commissions  of  postmasters  were  di- 
rected to  be  made  out  under  the  seal  of  the 
Post-Office  Department ;  the  Act  of  March  3, 

1875,  placed  the  commissions  of  officers  of  the 
Interior  Department  under  that  Department ; 
and  by  Act  of  August  8,  1888,  all  judicial  offi- 
cers, Marshals,  and  United  States  Attorneys 
were  ordered  to  be  appointed  under  the  seal 
of  the  Department  of  Justice.  At  the  present 
time  the  seal  of  the  United  States  is  affixed  to 
the  commissions  of  all  Cabinet  officers  and  dip- 
lomatic and  consular  officers  who  are  nomi- 
nated by  the  President  and  confirmed  by  the 
Senate;  all  ceremonious  communications  from 
the  President  to  the  heads  of  foreign  govern- 
ments ;  all  treaties,  conventions,  and  formal 
agreements  of  the  President  with  foreign  pow- 
ers ;  all  pardons  or  commutations  of  sentence 
by  the  President  to  offenders  who  have  been 


I04  DUTIES  OF  THE  DEPARTMENT. 

convicted  before  the  courts  of  the  United  States ; 
all  proclamations  by  the  President;  all  exequa- 
turs to  foreign  consular  officers  in  the  United 
States  who  are  appointed  by  the  heads  of  the 
governments  which  they  represent;  to  warrants 
by  the  President  to  receive  persons  surrendered 
by  foreign  governments  under  extradition  trea- 
ties ;  and  to  all  miscellaneous  commissions  of 
civil  officers  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate, 
whose  appointments  are  not  now  especially 
directed  by  law  to  be  signed  under  a  different 
seal."^ 

The  recording  of  commissions,  wliich  the  law 
required  should  be  done  by  the  Secretary  of 
State  after  the  affixing  of  the  seal,  has  continued 
ui)on  practically  the  same  i)lan  since  i  789.  The 
commission  is  written  in  the  Department  of 
State  and  sent  to  the  President.  Upon  being 
returned  with  his  sitrnature,  it  is  countersiened 


♦The  Seal  of  the  United  Sir.tes  ;   How  it  was  DcvelopcJ  ami  Ailoptcd.     Depart- 
ment of  State,  1892. 


DUTIES  OF  THE  DEPARTMENT.  1 05 

l)y  the  Secretary  of  State  and  the  seal  affixed. 
It  is  then  recorded  and  delivered  to  the  person 
for  whom  it  is  intended.  During  the  early  days 
of  the  Department  Vice  and  Deputy  Consuls 
were  given  commissions  signed  by  the  Presi- 
dent and  bearing  the  seal  of  the  United  States  ; 
but  this  practice  was  soon  abandoned,  such  ap- 
pointments being  made  upon  the  certificate  of 
the  Secretary  of  State  with  the  Department 
seal  attached,  and  this  system  prevails  at  pres- 
ent. All  appointments,  however,  of  every 
grade  have  always  been  recorded,  and  the  rec- 
ord books  indexed. 

Although  the  President's  warrants  for  par- 
doning criminals  are  still  issued  by  the  Secre- 
tary of  State  and  bear  the  seal  of  the  United 
States,  the  petitions  and  all  other  papers  relating 
to  the  granting  of  the  pardon  are  sent  to  the 
Attorney-General  for  his  consideration.  Up  to 
1850  they  were,  however,  sent  to  the  Secretary 
of  State  and  passed  upon  by  him,  as  well  as  by 
the  Attorney-General,  before  they  were  sent  to 


I06  DUTIES  OF  THE  DEPARTMENT. 

the  President  for  his  final  decision.  Since  that 
year  the  Secretary  of  State  has  issued  the  par- 
dons upon  request  of  the  Attorney-General,  his 
duties  being  purely  of  an  administrative  char- 
acter.* 

The  Secretary  of  State  also  causes  the  seal 
to  be  affixed  to  Presidential  warrants  of  ex- 
tradition, and  this  brings  us  to  one  of  the 
most  important  of  the  Department's  legal  func- 
tions. 

Extradition,  "the  act  by  which  one  nation  de- 
livers up  an  individual  accused  or  convicted  of 
an  offense  outside  of  its  own  territory  to  another 
nation  which  demands  him,"-)-  is  one  of  the  func- 
tions committed  to  the  Secretary  of  State,  as  the 
official  charged  with  the  duty  of  conducting  for- 
eign intercourse.  In  the  earlier  clays  of  the 
Republic,  this  function  was  not  infrequently  dis- 
charged   by  the   Governors  of  the   individual 


*At  the  time  of  writing  tliis  a  movement  has  been  made  to  relieve  the  Depart- 
ment of  State  of  this  unnecessary  labor. 

fMoore  on  Extradition;  Boston,  1891.  The  author  is  indclitetl  to  Mr.  Moore  for 
the  account  of  the  early  practice  in  this  matter. 


DUTIES  OF  THE  DEPARTMENT.  lO/ 

States,  in  some  cases  with  the  approval  of  the 
Federal  Secretary  of  State,  and  in  others  without 
consulting  him.  Some  of  our  States  have  even 
gone  so  far  as  to  enact  statutes,  conferring  on 
their  Chief  Executives  the  power  to  deliver  up 
fugitives  from  justice  to  foreign  nations.  But, 
with  the  development  and  clearer  comprehen- 
sion of  the  powers  of  the  National  Government, 
the  States  have  ceased  to  deal  with  the  subject, 
and  it  is  now  generally  admitted  to  belong  ex- 
clusively to  the  Government  of  the  United 
States.  In  one  case,  however,  the  United  States 
has  by  treaty  agreed  that  applications  for  ex- 
tradition may  be  made  and  granted  by  State 
and  Territorial  governments.  This  is  the  agree- 
ment in  the  Treaty  with  Mexico,  which  provides 
that,  for  offenses  committed  in  the  frontier  States 
and  Territories  of  the  contracting  parties,  appli- 
cations for  surrender  may  be  made  by  and  to  the 
local  authorities.  But  this  provision  does  not 
preclude  the  exercise  of  supreme  control  in  the 
matter  by  the  National  Government  of  either 


I08  DUTIES  OF  THE  DEPARTMENT. 

country  in  any  case  arising  under  this  special 
and  exceptional  stipulation. 

It  has  been  the  almost  uniform  opinion  of  our 
constitutional  lawyers  that  extradition  can  law- 
full)-  be  granted  by  the  United  States  only  in 
pursuance  of  a  statute  or  a  treaty;  and,  as  the 
only  Federal  legislation  on  the  subject  is  that 
which  has  been  adopted  to  execute  our  treaties, 
the  Government  declines  to  extradite  fugitives 
from  justice  in  the  absence  of  a  conventional 
oblioration.''' 

Under  similar  circumstances  it  refrains  from 
demanding  the  surrender  of  fugitives  by  other 
governments.  In  rare  cases,  in  the  absence 
of  a  treaty,  an  appeal  has  been  made  to  the 
good  will  of  a  foreign  government  to  deliver  up 
a  notorious  offender.  But,  as  foreign  govern- 
ments are  likely  to  demand  a  promise  of  reci- 


*  The  only  departure  from  this  rule  was  in  1864,  in  the  case  of  Arguelles,  an  offi- 
cer in  the  Spanish  army,  who  was  delivered  up  to  Spain  on  a  charge  of  slave-deal- 
ing in  Cuba.  But  the  lime  and  circumstances  of  this  transaction,  and  the  fact  that 
Arguelles  was  seized  and  taken  out  of  the  counlry  before  there  was  opportunity  to 
test  the  legality  of  his  detention  in  the  courts,  have  prevented  the  case  from  being 
considered  as  a  precedent. 


DUTIES  OF  THE  DEPARTMENT.  IO9 

procity  in  such  cases,  and  as  the  United  States 
is  unable  to  make  such  a  proniise,  the  appeal 
must  always  be  attended  with  much  embarrass- 
ment, and  for  that  reason  has  seldom  been 
made. 

The  first  treaty  of  this  country  providing  for 
mutual  surrender  of  criminals  was  that  of  1 794 
with  Great  Britain.  Murder  and  forgery  were 
the  only  crimes  included  in  it,  and  it  expired  in 
twelve  years.  But,  since  the  conclusion  of  a 
new  treaty  with  Great  Britain  in  1842,  treaties 
have  been  entered  into  with  many  powers,  and 
the  practice  of  extradition  has  become  general. 

The  forms  of  extradition  warrants  now  in  use 
are  three:  the  mandate,  called  often — although 
iilcorrectly — the  "warrant  of  arrest;"  the  war- 
rant of  surrender;  and  the  President's  warrant, 
authorizinor  accents  to  g^o  abroad  and  brinor  back 
surrendered  criminals. 

The  first  mandate  was  issued  in  1853,  upon 
application  of  the  British  Minister,  and  was 
signed  by  President  Franklin  Pierce.     Prior  to 


I  lO  DUTIES  OF  THE  DEPARTMENT. 

that  time  the  persons  authorized  to  apply  for  the 
extradition  of  a  criminal  went,  in  the  first  in- 
stance, to  the  courts.  But,  owing  to  doubts 
suggested  by  one  of  our  judges  as  to  the  regu- 
larity of  this  procedure,  a  practice  grew  up  of 
applying  to  the  Secretary  of  State  for  a  man- 
date to  authorize  the  institution  of  judicial  pro- 
ceedings. Althouofh  this  course  was  afterwards 
prescribed  by  some  of  our  treaties,  it  is  not  pre- 
scribed in  others,  and  has  been  held  by  the 
Supreme  Court  to  be  unnecessary  in  the  latter 
instance.  It  is  now  no  longer  issued  by  the  De- 
partment of  State,  unless  required  by  treaty. 
Up  to  i860  the  mandate  was  signed  by  the 
President,  but  since  then  it  has  been  signed  by 
the  Secretary  of  State.  The  form  now  used  is 
as  follows: 

DEPARTMENT   OF    STATE. 

To  any  Justice  of  the  Supreme  Court  of  the  United  States ; 
any  Judge  of  the  Circuit  or  District  Courts  of  the  United 
States  in  any  District;  any  Judge  of  a  Court  of  Record  of 
General  Jurisdiction  in  any  State  or  Territory  of  the  United 


DUTIES  OF  THE  DEPARTMENT  \  1  I 

States,  or  to  any  Commissioner  specially  appointed  to  exe- 
cute the  provisions  of  Title  LXVl  of  the  Revised  Statutes 
of  the  United  States,  for  giving  effect  to  certain  treaty  stip- 
ulations between  this  and  foreign  Governments,  for  the  ap- 
prehension and  delivering  up  of  certain  offenders. 

Whereas,  ])ursuant  to  existing  treaty  stipulations  between 
the  United  States  of  America  [name  of  the  foreign  power 
to  which  the  criminal  is  to  be  surrendered]  for  the  mutual 
delivery  of  criminals,  fugitives  from  justice  in  certain  cases, 
[name  of  the  foreign  representative  making  the  demand] 
has  made  application  in  due  form,  to  the  proper  authorities 
thereof,  for  the  arrest  of  [name  or  names  of  the  offender  or 
offenders],  charged  with  the  crime  of  [nature  of  the  crime], 
and  alleged  to  be  [statement  of  the  country  from  whence 
the  flight  was  made]  and  who  ["is"  or  "are"]  believed 
to  be  within  the  jurisdiction  of  the  United  States. 

And  whereas,  it  appears  proper  that  the  said  [name  or 
names  of  the  offender  or  offenders]  should  be  apprehended, 
and  the  case  examined  in  the  mode  provided  by  the  laws 
of  the  United  States  aforesaid. 

Now,  therefore,  to  the  end  that  the  above-named  officers, 
or  any  of  them,  may  cause  the  necessary  proceedings  to  be 
had,  in  pursuance  of  said  laws,  in  order  that  the  evidence 
of  the  criminality  of  the  said  [name  or  names  of  the  offender 
or  offenders]  may  be  heard  and  considered,  and,  if  deemed 
sufficient  to  sustain  the  charge,  that  the  same  may  be  certi- 


112  DUTIES  OF  THE  DEPARTMENT. 

fied,  together  with  a  copy  of  all  the  proceedings,  to  the 
Secretary  of  State,  that  a  warrant  may  issue  for  ["his"  or 
"their"]  surrender,  pursuant  to  said  treaty  stipulations. 
I  certify  the  facts  above  recited. 

In  testimony  whereof,  I  have  hereunto  signed  my  name 
and  caused  the  seal  of  the  Department  of  State  to  be  affixed. 

Done  at  the  City  of  Washington,  this day 

[seal.]     of ,  A.  I).   1 8 — ,  and  of  the  Independ- 
ence of  the  United  Stated  the . 


Secretary  of  State. 

The  warrant  of  surrender  has  suffered  only 
such  alterations  as  have  been  made  necessary 
by  changes  in  the  law.  Like  the  mandate,  it 
was  signed  by  the  President  until  i860,  since 
which  time  it  has  been  signed  by  the  Secretary 
of  State,  by  whom  the  law  provides  that  it  shall 
be  issued.     The  form  is  as  follows : 

DEPARTMENT    OF    STAJ'E. 

To  all  to  whom  these  Presents  shall  come,  Greeting  : 

Whereas,  [name  of  foreign  representative  making  the 
demand],  accredited  to  this  Government,  has  made  requi- 


DUTIES  OF  THE  DEPARTMENT.  II3 

sition  in  conformity  with  tlic  provisions  of  existing  treaty 
stipulations  between  the  United  States  of  America  and 
[name  of  foreign  power]  for  the  mutual  delivery  of  crimi- 
nals, fugitives  from  justice  in  certain  cases,  for  the  delivery 
up  of  [name  or  names  of  oftender  or  offenders],  charged 
with  the  crime  of  [nature  of  crime],  committed  within  the 
jurisdiction  of  [name  of  foreign  country  where  crime  was 
committed]. 

And  whereas,  the  said  [name  or  names  of  offender  or 
offenders]  ["has"  or  "have"]  been  found  within  the  juris- 
diction of  the  United  States,  and  ["has"  or  "have"],  by 
proper  authority  and  due  form  of  law,  been  brought  before 
[name  of  Commissioner  or  Judge  of  the  United  States  be- 
fore whom  the  examination  has  been  held]  for  examination 
upon  said  charge  of  [nature  of  crime]. 

And  whereas,  the  said  ["Commissioner"  or  "Judge"] 
has  found  and  adjudged  that  the  evidence  produced  against 
the  said  [name  or  names  of  offender  or  offenders]  is  suffi- 
cient in  law  to  justify  ["his"  or  "their"]  commitment 
upon  the  said  charge,  and  has,  therefore,  ordered  that  the 
said  [name  or  names  of  offender  or  offenders]  be  com- 
mitted pursuant  to  the  provisions  of  said  treaty  stipulations. 

Now,  therefore,  pursuant  to  the  provisions  of  Section 
5272  of  the  Revised  Statutes  of  the  United  States,  These 
Presents  are  to  require  the  United  States  Marshal  for  the 
[statement  of  the  district  or  State],  or  any  other  i)ublic 


I  14  DUTIES  OF  THE  DEPARTMENT. 

officer  or  person  having  charge  or  custody  of  the  aforesaid 
[name  or  names  of  the  offender  or  offenders],  to  surrender 
and  deliver  ["him"  or  "them"]  up  to  such  person  or 
persons  as  may  be  duly  authorized  by  the  Government  of 
[name  of  foreign  power]  to  receive  the  said  [name  or  names 
of  offender  or  offenders]  to  be  tried  for  the  crime  of  which 
["he  is"  or  "they  are"]  so  accused. 

In  testimony  whereof,  I  have  hereunto  signed  my  name 

and  caused  the  seal  of  the  Department  of  State  to  be  affixed. 

Done  at  the  C!ity  of  Washington,  this  day 

[seal.]  of  ,  A.  D.  18 — ,  and  of  the  Independ- 
ence of  the  United  States  the . 


Secretary  of  State. 

The  President's  warrant,  authorizing-  an  officer 
of  the  United  States  to  take  a  fug-itive  into  cus- 
tody and  bring  him  back  to  the  United  States 
for  trial,  is  issued  in  the  following  form : 

[President's  name]. 
President  of  the  United  States  of  America. 
To  [officer  to  take  the  offender  into  custody]. 

Whereas,  it  appears  by  information  in  due  form  by  me 
received,  that  [name  or  names  of  offender  or  offenders]. 


DUTIES  OF  THE  DEPARTMENT.  I  I  5 

charged  with  the  crime  of  [nature  of  crime],  fugitive  from 
the  justice  of  the  United  States,  [whence  fled]. 

And  whereas,  application  has  been  made  to  the  [what 
foreign  authorities]  for  the  extradition  of  said  fugitive,  in 
compliance  with  existing  treaty  stij)ulations  between  the 
United  States  of  America  and  [name  of  foreign  power]. 

And  whereas,  it  is  understood  that,  in  compliance  with 
such  application,  the  necessary  warrant  is  ready  to  be  issued 
by  the  authorities  aforesaid  for  the  delivery  of  the  above- 
named  fugitive  into  the  custody  of  such  person  or  persons 
as  may  be  duly  authorized  to  receive  the  said  fugitive  and 
bring  ["him"  or  "them"]  back  to  the  United  States  for 
trial. 

Now,  therefore,  you  are  hereby  authorized  and  empow- 
ered, in  virtue  of  the  stipulations  aforesaid,  and  in  execu- 
tion thereof,  to  receive  the  said  [name  or  names  of  offender 
or  offenders]  as  aforesaid,  and  to  take  and  hold  ["him" 
or  "them"]  in  your  custody,  and  conduct  ["him"  or 
"them"]  from  such  place  of  delivery  [to  what  country  the 
flight  has  been  made],  by  the  most  direct  and  convenient 
means  of  transportation,  to  and  into  the  United  States, 
there  to  surrender  the  said  [name  or  names  of  offender  or 
offenders]  to  the  proper  authorities  of  the  [name  of  the 
State  making  the  request]. 

For  all  of  which  these  Presents  shall  be  your  sufficient 
warrant. 


I  I  6  DUTIES  OF  THE  DEPARTMENT. 

In  testimony  whereof,  I  have  hereunto  signed  my  name 
and  caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this day  of 

[seal.]     ,  A.  D.  1 8 — ,  and  of  the  Independence 

of   the   United   States  the    one    hundred   and 


By  the  President : 


Secretary  of  State. 

The  forms  quoted  above  have  been  printed 
for  the  past  eight  years  only.  Prior  to  that 
the  warrants  were  written  out.  Before  leaving 
the  Department  the  extradition  warrants  are 
recorded  in  three  books,  entitled,  variously, 
"Warrants  of  Arrest,"  "Warrants  of  Surren- 
der," and  "President's  Warrants."  These  date 
back  only  to  1862,  the  warrants  before  that 
time  being  recorded  in  the  volumes  of  par- 
dons issued  by  the  Department.  The  record- 
ing and  issuinor  of  the  warrants  is  a  duty  of  the 
Bureau  of  Commissions  and  Pardons. 

The  instructions  on  the  subject  of  extradition 


DUTIES  OF  THE  DETARTMENT.  I  I  7 

are  embodied  in  die  following"  circulars,  which 
are  of  most  recent  date,  and  have  superseded 
the  previous  circulars  issued  on  this  subject: 

Memorandum  Relative  to  the  Extradition  of  Fugi- 
tives FROM  the  United  States  in  British  Jurisdic- 
tion. 

Department  of  State, 

Washington,  May,  i8go. 
Where  application  is  made  for  a  requisition  for  the  sur- 
render of  a  fugitive  from  the  justice  of  the  United  States 
in  British  jurisdiction,  it  must  be  made  to  appear — 

1.  That  one  of  the  offenses  enumerated  in  the  treaties 
between  the  United  States  and  Great  Britain  has  been  com- 
mitted within  the  jurisdiction  of  the  United  States,  or  of 
some  one  of  the  States  or  Territories. 

2.  That  the  person  charged  with  the  offense  has  sought 
an  asylum  or  been  found  within  the  British  dominions. 

All  api)lications  for  requisitions  should  be  addressed  to 
the  Secretary  of  State,  and  forwarded  to  the  Department 
of  State,  accompanied  with  the  necessary  papers,  as  herein 
stated,  and  must  furnish  the  full  name  of  the  person  pro- 
posed for  designation  by  the  President  to  receive  the  pris- 
oner and  convey  him  to  the  United  States.  When  the 
offense  is  within  the  jurisdiction  of  the  State  courts,  the 
application  must  come  from  the  Governor  of  the  State. 


I  I  8  DUTIES  OF  THE  DEPARTMENT. 

When  the  offense  is  against  the  United  States,  the  applica- 
tion must  come  from  the  Attorney-General  or  the  proper 
executive  department. 

It  is  stipulated  in  the  treaties  with  Great  Britain  that  ex- 
tradition shall  only  be  granted  on  such  evidence  of  crim- 
inality as,  according  to  the  laws  of  the  place  where  the 
fugitive  or  person  charged  shall  be  found,  would  justify  his 
apprehension  and  commitment  for  trial  if  the  crime  or 
offense  had  there  been  committed. 

It  is  admissible,  as  constituting  such  evidence,  to  pro- 
duce a  properly  certified  copy  of  an  indictment  found  against 
the  fugitive  by  a  grand  jury,  or  of  any  information  made 
before  an  examining  magistrate,  accompanied  by  one  or 
more  depositions  setting  forth  as  fully  as  possible  the  cir- 
cumstances of  the  crime.  An  indictment  alone  has  been 
held  to  be  insufficient. 

By  the  fourteenth  section  of  the  English  extradition  act 
of  1S70,  "depositions  or  statements  on  oath,  taken  in  a 
foreign  state,  and  co])ies  of  such  original  dei^ositions  or 
statements,  and  foreign  certificates  of,  or  judicial  docu- 
ments stating  the  fact  of  conviction,  may,  if  duly  authen- 
ticated, be  received  in  evidence  of  proceedings  under  this 
act." 

The  fifteenth  section  of  the  same  act  provides  as  fol- 
lows :  "Foreign  warrants  and  depositions  or  statements 
on  oath,  and  copies  thereof,  and  certificates  of,  or  judicial 


DUTIES  OF  THE  DEPARTMENT.  I  I  9 

documents  stating  the  fact  of  a  conviction,  shall  be  deemed 
duly  authenticated  for  the  ])urposes  of  this  act  if  authenti- 
cated in  manner  provided  for  the  time  being  by  law,  or 
authenticated  as  follows:  (i)  If  the  warrant  purports  to 
be  signed  by  a  judge,  magistrate,  or  officer  of  the  foreign 
state  where  the  same  was  issued  ;  (2)  if  the  depositions  or 
statements  or  the  copies  thereof  purport  to  be  certified 
under  the  hand  of  a  judge,  magistrate,  or  officer  of  the 
foreign  state  where  the  same  were  taken  to  be  the  original 
depositions  or  statements,  or  to  be  true  copies  thereof,  as 
the  case  may  require;  and  (3)  if  the  certificate  of,  or 
judicial  documents  stating  the  fact  of  conviction  purports 
to  be  certified  by  a  judge,  magistrate,  or  officer  of  the  for- 
eign state  where  the  conviction  took  place ;  and  if  in  every 
case  the  warrants,  depositions,  statements,  copies,  certifi- 
cates, and  judicial  documents  (as  the  case  may  be)  are 
authenticated  by  the  oath  of  some  witness  or  by  being 
sealed  with  the  official  seal  of  the  minister  of  justice,  or 
some  other  minister  of  state;  and  all  courts  of  justice,  jus- 
tices and  magistrates,  shall  take  judicial  notice  of  such 
official  seal,  and  shall  admit  the  documents  so  authenti- 
cated by  it  to  be  received  in  evidence  without  further 
proof." 

If  the  fugitive  be  charged  with  the  violation  of  a  law  of 
a  State  or  Territory,  his  delivery  will  be  required  to  be 
made  to  the  authorities  of  such  State  or  Territory. 


I20  DUTIES  OF  THE  DEPARTMENT. 

If  the  offense  charged  be  a  violation  of  a  law  of  the 
United  States  (such  as  piracy,  murder  on  board  vessels  of 
the  United  States,  or  in  arsenals  or  dockyards,  etc.),  the 
delivery  will  be  required  to  be  made  to  the  officers  or  au- 
thorities of  the  United  States. 

Where  the  requisition  is  made  for  an  offense  against  the 
laws  of  a  State  or  Territory,  the  expenses  attending  the 
apprehension  and  delivery  of  the  fugitive  must  be  borne 
by  such  State  or  Territory.  Expenses  of  extradition  are 
defrayed  by  the  United  States  only  where  the  offense  is 
against  its  own  laws. 

PROVISIONAL    ARREST. 

Applications,  both  by  telegraph  and  by  letter,  are  fre- 
quently made  to  this  Department  for  its  intervention  to 
obtain  the  arrest  and  provisional  detention  of  fugitives 
from  justice  in  England,  Scotland,  or  Ireland  in  advance 
of  the  presentation  of  the  formal  proofs  upon  which  a  de- 
mand for  their  extradition  may  be  based.  In  such  cases 
the  only  manner  in  which  the  Department  can  intervene  is 
by  informing  the  Minister  of  the  United  States  in  London 
of  the  facts  and  instructing  him  to  take  the  necessary  meas- 
ures. 'I'his  the  Minister  does  by  autliori/.ing  some  one 
connected  with  the  legation  to  make  complaint  on  oath 
before  a  magistrate,  in  accordance  with  the  recjuirements 
of  the  British  extradition  act  of  1870.     The  form  of  this 


DUTIES  OF  THE  DETARl^MENT.  I  2  I 

complaint  is  hereto  annexed  as  appendix  2.  Attention  is 
invited  to  its  provisions,  and  especially  to  the  statement 
deponent  is  required  to  make  that  he  is  informed  and  be- 
lieves that  a  warrant  has  been  issued  in  the  foreign  country 
for  the  arrest  of  the  accused.  This  Department,  when  re- 
quested to  intervene  in  such  a  case,  should  always  be  en- 
abled to  inform  the  Minister  that  such  a  warrant  has  been 
issued,  in  order  that  the  complaint  before  the  British  mag- 
istrate may  be  made  in  due  form  and  without  delay. 

APPENDIX    1. 

The  tenth  article  of  tlie  treaty  between  the  United  States  and  Great 
Britain,  concluded  August  9,  1842,  provides  for  tlie  surrender  of  crimi- 
nals for  (i)  murder,  (2)  assault  with  intent  to  commit  murder,  (3) 
piracy,  (4)  arson,  (5)  robbery,  (6)  forgery,  (7)  the  utterance  of  forged 
paper. 

The  convention  concluded  July  29,  1889,  provides  for  extradition  for 
the  following  additional  offenses : 

1.  Manslaughter,  wlien  voluntary. 

2.  Counterfeiting  or  altering  money;  uttering  or  bringing  into  circula- 
tion counterfeit  or  altered  money. 

3.  Embezzlement;  larceny;  receiving  any  money,  valual)Ie  security, 
or  other  property,  knowing  the  same  to  have  been  cml)ezzled,  stolen,  or 
fraudulently  obtained.  * 

4.  Fraud  by  a  bailee,  lianker,  agent,  factor,  trustee,  or  director  or 
member  or  officer  of  any  company,  made  criminal  by  the  laws  of  both 
countries. 

5.  Perjury,  or  subornation  of  jierjury. 


122  DUTIES  OF  THE  DEPARTMENT 

6.  Rape;   abduction;  child-stealing;   kidnapping. 

7.  Duiglary  ;  house-breaking  or  shopbreaking. 

8.  Piracy  by  the  law  of  nations. 

9.  Revolt  or  conspiracy  to  revolt  liy  two  or  more  persons  on  board  a 
ship  on  the  high  seas,  against  the  authority  of  the  master;  wrongfully 
sinking  or  destroying  a  vessel  at  sea,  or  attempting  to  do  so ;  assaults 
on  board  a  ship  on  the  high  seas,  with  intent  to  do  grievous  bodily 
harm. 

10.  Crimes  and  offenses  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave  trading. 

Extradition  is  also  to  take  place  for  participation  in  any  of  the  crimes 
mentioned  in  this  convention  or  in  the  aforesaid  tenth  article,  provided 
such  participation  be  punishable  by  the  laws  of  both  countries. 

]!y  the  seventh  article  of  the  convention  of  1 889  it  is  stijjulated  as 
follows : 

"The  provisions  of  the  said  tenth  article  (of  the  treaty  of  1842)  and 
of  this  convention  shall  apply  to  persons  convicted  of  the  crimes  therein 
respectively  named  and  specified  whose  sentence  therefor  shall  not  have 
been  executed." 

The  eighth  article  of  the  convention  of  1889  is  as  follows :  "  The  pres- 
ent convention  shall  not  apply  to  any  of  the  crimes  herein  s[)ecified 
which  shall  have  been  committed,  or  to  any  conviction  which  shall  have 
been  pronounced,  prior  to  the  date  at  wliich  the  convention  shall  come 
into  force." 

The  ninth  article  jirovides  that  the  convention  "shall  come  into  force 
ten  days  after  its  publication,  in  conformity  with  the  forms  prescribed 
by  the  laws  of  the  high  contracting  parties."  The  convention  was  pro- 
claimed both  in  the  United  States  and  in  Clreat  ]>ritain  March  25,  1890, 
and  tluis  came  into  force  in  IidIIi  countries  Ajiril  4,  1890. 


DUTIES  OF  THE  DEPARTMENT.  I  23 

AI'l-ENDIX    2. 

Form  of  information  used  in  o/>fniiiini[  provisional  warrants  of  arrest 
in  the  United  Kingdom  of  Great  Britain  and  Ireland. 

Metropolitan     )    ''"'i^'  information  of 
Police  District,   V 
To  wit.  1 

of ,  taken  on  oath  this  clay  of in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  at  the  I  low  Street  Police 

Court,  in  the  county  of  Middlesex,  and  within  the  Metropolitan  police 
district,  before  me,  the  undersigned,  one  of  the  magistrates  of  the  police 
courts  of  the  metropolis,  sitting  at  the  jiolice  court  aforesaid. 

Who  saith  that ,  late  of  ,  is  accused  [or  con- 
victed] of  the  commission  of  the  crime  of within  the  jurisdiction 

of ,  and  now  suspected  of  being  in  the  United  Kingdom.      I  make 

this  application  on  behalf  of  the  Government. 

I  produce  — -. 

I  am  informed  and  verily  believe  that  a  warrant  has  been  is- 
sued in  for  the  arrest  of  the  accused;  that  the  said  Government 

will  demand  h —  extradition  in  due  course,  and  that  there  are  reasona- 
ble grounds  for  supposing  the  accused  may  escape  during  the  time  nec- 
essary to  present  the  diplomatic  requisition  for  h —  surrender,  and  I 
therefore  pray  that  a  provisional  warrant  may  issue  under  the  provisions 
of  33  a»<l  34  v.,  c.  52,  s.  8. 

Sworn  before  me,  the  day  and  year  first  above  mentioned,  at  the  po- 
lice court  aforesaid. 


124  DUTIES  OF  THE  DEPARTMENT. 

Memorandum  Relative  to  Applications  for  the  Ex- 
tradition FROM  Foreign  Countries  of  Fugitives 
from  Justice. 

Department  of  State, 

Wasldngton,  October,  i8q2. 
Extradition  will  only  be  asked  from  a  government  with 
which  the  United  States  has  an  extradition  treaty,  and  onl)'^ 
for  an  offense  specified  in  the  treaty. 

All  applications  for  requisitions  should  be  addressed  to 
the  Secretary  of  State,  accompanied  by  the  necessary  pa- 
pers as  herein  stated.*  When  extradition  is  sought  for  an 
offense  within  the  jurisdiction  of  the  State  or  Territorial 
courts,  the  application  must  come  from  the  Governor  of  the 
State  or  Territory.  When  the  offense  is  against  the  United 
States,  the  application  should  come  from  the  Attorney- 
General. 

In  every  application  for  a  requisition  it  must  be  made 
to  appear  that  one  of  the  offenses  enumerated  in  the  extra- 
dition treaty  between  the  United  States  and  the  govern- 
ment from  which  extradition  is  sought  has  been  com- 
mitted within  the  jurisdiction  of  the  United  States,  or  of 
someone  of  the  States  or  Territories,  and  that  the  person 
charged  therewith  is  believed  to  have  sought  an  asylum  or 

♦The  only  exception  is  found  in  the  treaty  with  Mexico,  under  which,  in  the  case 
of  crimes  committed  in  the  frontier  States  or  Territories,  requisitions  may  be  made 
directly  by  the  proper  authorities  of  the  State  or  Territory.  (Article  2,  treaty  with 
Mexico,  concluded  December  11,  1861.) 


DUTIES  OF  THE  DEPARTMENT.  125 

has  been  found  within  the  dominions  of  such  foreign  gov- 
ernment. 

The  extradition  treaties  of  the  United  States  ordinarily 
provide  that  the  surrender  of  a  fugitive  shall  only  be 
granted  upon  such  evidence  of  criminality  as,  according  to 
the  laws  of  the  place  where  the  fugitive  or  person  so  charged 
shall  be  found,  would  justify  his  or  her  commitment  for 
trial  if  the  crime  or  offense  had  been  there  committed. 

If  the  person  whose  extradition  is  desired  has  been  con- 
victed of  a  crime  or  offense  and  escaped  thereafter,  a  duly 
authenticated  copy  of  the  record  of  conviction  and  sentence 
of  the  court  is  ordinarily  sufficient. 

If  the  fugitive  has  not  been  convicted,  but  is  merely 
charged  with  crime,  a  duly  authenticated  copy  of  the  in- 
dictment or  information,  if  any,  and  of  the  warrant  of  ar- 
rest and  return  thereto,  accompanied  by  a  copy  of  the 
evidence  upon  which  the  indictment  was  found,  or  the 
warrant  of  arrest  issued,  or  by  original  depositions  setting 
forth  as  fully  as  possible  the  circumstances  of  the  crime, 
are  usually  necessary.  Many  of  our  treaties  require  the 
production  of  a  duly  authenticated  copy  of  the  warrant  of 
arrest  in  this  country;  but  an  indictment,  information,  or 
warrant  of  arrest  alone,  without  the  accompanying  proofs, 
is  not  ordinarily  sufficient.  It  is  desirable  to  make  out  as 
strong  a  case  as  possible,  in  order  to  meet  the  contingencies 
of  the  local  requirements  at  the  place  of  arrest. 


I  26  DUTIES  OF  THE  DEPARTMENT. 

If  the  extradition  of  the  fugitive  is  sought  for  several  of- 
fenses, copies  of  the  several  convictions,  indictments,  or 
informations,  and  of  the  documents  in  siijjport  of  each 
should  be  furnished. 

Application  for  the  extradition  of  a  fugitive  should  state 
his  full  name,  if  known,  and  his  alias,  if  any,  the  offense 
or  offenses,  in  the  language  of  the  treaty,  upon  which  his 
extradition  is  desired,  and  the  full  name  of  the  person 
proposed  for  designation  by  the  President  to  receive  and 
convey  the  prisoner  to  the  United  States. 

As  the  application  i)roper  is  desired  solely  by  the  De- 
partment as  a  basis  for  its  action,  and  is  retained  by  it,  it 
is  not  necessary  that  it  should  be  attached  to  the  evidence. 

Copies  of  the  record  of  conviction,  or  of  the  indictment, 
or  information,  and  of  the  warrant  of  arrest,  and  the  other 
papers  and  documents  going  to  make  up  the  evidence  are 
required  by  the  Department,  in  the  first  instance,  as  a 
basis  for  requesting  the  surrender  of  the  fugitive,  but  chiefly 
in  order  that  they  may  be  duly  authenticated  under  the 
seal  of  the  Department,  so  as  to  make  them  receivable  as 
evidence  where  the  fugitive  is  arrested,  upon  the  (piestion 
of  his  surrender. 

Copies  of  all  pai)ers  going  to  make  up  the  evidence, 
transmitted  as  herein  recpiired,  including  the  record  of  con- 
viction, or  the  indictment,  or  information,  and  the  warrant 
of  arrest,  must  be  duly  certified  and  then  authenticated  un~ 


DUTIES  OP'  THE  DEPARTMENT.  I  27 

der  the  great  seal  of  the  State  making  the  application  or 
the  seal  of  the  Department  of  Justice,  as  the  case  may  be; 
and  this  Department  will  authenticate  the  seal  of  the  State 
or  of  the  Department  of  Justice.  For  example,  if  a  depo- 
sition is  made  before  a  justice  of  the  peace,  the  official 
character  of  the  justice  and  his  authority  to  administer 
oaths  should  be  attested  by  the  county  clerk  or  other  supe- 
rior certifying  officer;  the  certificate  of  the  county  clerk 
should  be  authenticated  by  the  Governor  or  Secretary  of 
State  under  the  seal  of  the  State,  and  the  latter  will  be  au- 
thenticated by  this  Department.  If  there  is  but  one  authen- 
tication, it  should  plainly  cover  all  the  papers  attached. 

All  of  the  papers  herein  required  in  the  way  of  evidenee 
niiist  be  transmitted  in  duplieate,  one  copy  to  be  retained  in 
the  files  of  the  Department,  and  the  other,  duly  authenti- 
cated by  the  Secretary  of  State,  will  be  returned  with  the 
President's  warrant,  for  the  use  of  the  agent  who  may  be 
designated  to  receive  the  fugitive.  As  the  Governor  of  the 
State,  or  the  Department  of  Justice,  also  ordinarily  requires 
a  copy,  proseeuti/ii^-  attorneys  should  /uroe  all  papers  made  in 
triplicate. 

By  the  practice  of  some  of  the  countries  with  which  the 
United  States  has  treaties,  in  order  to  entitle  copies  of  dep- 
ositions to  be  received  in  evidence  the  party  producing 
them  is  required  to  declare  under  oath  that  they  are  true 
copies  of  the  original  depositions.     It  is  desirable,  there- 


128  DUTIES  OF  THE  DEPARTMENT. 

fore,  that  such  agent,  either  from  a  comparison  of  the  copies 
with  the  originals,  or  from  having  been  present  at  the  at- 
testations of  the  copies,  should  be  prepared  to  make  such 
declaration.  When  the  original  depositions  are  forwarded, 
such  declaration  is  not  required. 

Applications  by  telegraph  or  letter  are  frequently  made 
to  this  Department  for  its  intervention  to  obtain  the  pro- 
visional arrest  and  detention  of  fugitives  in  foreign  coun- 
tries, in  advance  of  the  presentation  of  the  formal  proofs 
upon  which  a  demand  for  their  extradition  may  be  based. 
Such  applications  should  state  specifically  the  name  of  the 
fugitive,  the  offense  with  which  he  is  charged,  the  circum- 
stances of  the  crime  as  fully  as  possible,  and  a  description 
and  identification  of  the  accused.  It  is  always  helpful  to 
show  that  an  indictment  has  been  found  or  a  warrant  of 
arrest  has  been  issued  for  the  apprehension  of  the  accused. 
In  Great  Britain  the  practice  makes  it  essential  that  it  shall 
appear  that  a  warrant  of  arrest  has  been  issued  in  this 
country.* 

Care  should  be  taken  to  observe  the  provisions  of  the 
particular  treaty  under  which  extradition  is  sought,  and  to 
comply  with  any  special  provisions  contained  therein.  The 
extradition  treaties  of  the  United  States  may  be  found  in 
the  several  volumes  of  the  Statutes  at  Large,  in  the  "Re- 

*  For  fuller  information  wilh  respect  to  procedure  in  cases  of  provisional  arrest 
within  British  jurisdiction,  see  Department's  memorandum  of  May,  1890, 


DUTIES  OF  THE  DEPARTMENT.  I  29 

vised  Statutes  of  the  United  States  relating  to  the  District 
of  Cohimbia  and  Post  Roads,  together  with  Public  Trea- 
ties in  force  on  the  ist  day  of  December,  1873,"  ^^^^  ^" 
the  volume  of  Public  Treaties,  1887.  Copies  of  individual 
treaties  will  be  furnished  by  the  Department  upon  applica- 
tion. 

If  the  offense  charged  be  a  violation  of  a  law  of  a  State 
or  Territory,  the  agent  authorized  by  the  President  to  re- 
ceive the  fugitive  will  be  required  to  deliver  him  to  the 
authorities  of  such  State  or  Territory.  If  the  offense 
charged  be  a  violation  of  a  law  of  the  United  States,  the 
agent  will  be  required  to  deliver  the  fugitive  to  the  proper 
authorities  of  the  United  States  for  the  judicial  district 
having  jurisdiction  of  the  offense. 

Where  the  requisition  is  made  for  an  offense  against  the 
laws  of  a  State  or  Territory,  the  expenses  attending  the 
apprehension  and  delivery  of  the  fugitive  must  be  borne 
by  such  State  or  Territory.  Expenses  of  extradition  are 
defrayed  by  the  United  States  only  when  the  offense  is 
against  its  own  laws. 

A  strict  compliance  with  these  requirements  may  save 
much  delay  and  expense  to  the  party  seeking  the  extradi- 
tion of  a  fugitive  criminal. 

The  Bureau  of  Commissions  and  Pardons 
also  makes  out  and  records  the  exequaturs  by 


130  DUTIES  OF  THE  DEPARTMENT. 

which  this  Government  recognizes  a  consular 
officer  of  a  foreign  country.  This  duty  has  been 
a  part,  of  the  Department's  functions  from  the 
time  of  the  Constitution,  but  all  execjuaturs 
were  signed  by  the  President  uj)  to  1879.  Since 
then  he  has  signed  only  those  that  recognize  a 
Consul  appointed  by  the  head  of  the  govern- 
ment he  represents.  Consuls  who  are  ap- 
pointed by  an  inferior  officer  are  recognized 
upon  the  certificate  of  the  Secretary  of  State. 

Probably  the  most  important  routine  duties 
of  the  Department  of  State  are  those  connected 
with  the  consular  and  diplomatic  service.  The 
Department  of  Foreign  Affairs  was  formed  with 
the  chief  object  of  taking  under  its  charge  these 
functions  of  government,  and  the  methods  ol 
administration  have  not  changed  materially 
since  the  early  days  of  the  Rei)ublic.  Making 
allowances  for  increased  facilities  of  communi- 
cation between  the  home  office  and  its  agents 
abroad,  a  study  of  the  system  followed  now  will 
indicate  what  it  has  always  been. 


DUTIES  OF  TJIE  DEPARTMENT.  131 

The  correspondence  with  our  diplomatic 
ag"ents  and  those  of  foreign  countries  accrecHted 
to  this  country  is  a  function  of  the  Diplomatic 
Bureau.  The  notes  from  foreign  ministers  and 
dispatches  from  our  legations  to  the  Secretary 
of  State  are  opened  in  the  Bureau  of  Indexes 
and  Archives,  where  they  are  indexed,  and  then 
sent  to  the  Chief  Clerk,  by  whom  they  are  re- 
ferred either  to  the  Diplomatic  Bureau  direct 
or  to  the  Secretary  or  Assistant  Secretaries. 
Eventually  all  of  them  reach  the  Diplomatic 
Bureau,  and  are  replied  to  there,  the  Bureau 
either  initiating  the  replies  or  receiving  instruc- 
tions or  drafts  from  the  superior  officers  as  to 
their  nature.  After  signature  by  the  Secretary, 
the  communications  are  indexed  in  the  Index 
Bureau  and  returned  to  the  Diplomatic  Bureau 
to  be  mailed. 

Intimately  connected  with  these  duties  is  the 
business  of  attending  to  the  ceremonious  cor- 
respondence between  the  President  and  the 
heads  of  foreign  governments,  and    this    also 


132  DUTIES  OF  THE  DEPARTMENT. 

belongs  to  the  Diplomatic  Bureau.  The  letters 
of  this  character  to  the  President  announce 
public  events,  such  as  accessions  to  the  presi- 
dency or  to  the  throne  in  foreign  states,  deaths, 
marriages,  or  births  in  royal  families,  and  from 
the  President  of  the  United  States  acknowledge 
the  receipt  of  such  letters.  The  envelope  con- 
taining a  letter  thus  sent  by  this  Government  is 
sealed  with  the  seal  of  the  United  States  and 
sent,  with  a  copy,  to  our  legation  for  transmis- 
sion through  the  proper  channel  to  the  person  to 
whom  it  is  addressed.  These  communications 
are  purely  formal  in  their  nature,  and  are  re- 
garded simply  as  interchanges  of  international 
courtesy.  The  preparation  of  letters  of  cre- 
dence, which  inform  the  head  of  a  government 
of  the  appointment  of  a  new  diplomatic  repre- 
sentative, and  letters  recalling  a  diplomatic  rep- 
resentative are  also  functions  of  the  Diplomatic 
Bureau.  The  returns  of  passports  issued 
abroad  by  our  diplomatic  officers  go  to  this 
Bureau  before   they  are  sent   to  the  passport 


DUTIES  OF  THE  DEPARTMENT.  133 

clerk,  and  the  propriety  of  their  issuance  is 
passed  upon  there,  luider  directions  from  the 
Secretary  or  Assistant  Secretaries.  All  corre- 
spondence of  a  miscellaneous  character  relating- 
to  diplomatic  affairs  and  a  considerable  portion 
relating  to  foreign  affairs  are  under  this  Bureau. 
In  the  negotiation  of  treaties  the  Bureau  acts  as 
the  medium  of  correspondence  ;  and  the  drafts 
of  treaties,  full  powers  to  negotiate  and  ex- 
change them,  protocols  of  exchange,  and  final 
exchange  copies  are  prepared  there.  After 
final  signature  the  copy  intended  for  this  Gov- 
ernment is  sent  for  safe-keeping  to  the  Bureau 
of  Rolls  and  Library.  Proclamations  by  the 
President  are  engrossed  in  the  Diplomatic  Bu- 
reau. 

For  the  greater  facilitation  of  its  business  the 
Bureau  is  arranofed  in  divisions.  Division  A 
has  in  its  charge  correspondence  with  Austria- 
Hungary,  Belgium,  Denmark,  France,  Ger- 
many, Great  Britain,  Greece,  the  Netherlands, 
Roumania,  Servia,  and  Switzerland,  and  miscel- 


134  DUTIES  OF  THE  DEPARTMENT. 

lancoLis  correspondence  relating  to  those  coun- 
tries. Division  B  is  in  charge  of  correspond- 
ence with  the  Argentine  RepiibHc,  BoHvia, 
Brazil,  Chile,  Colombia,  Ecuador,  Haiti,  Italy, 
Paraguay,  Peru,  Portugal,  Russia,  Santo  Do- 
mingo, Spain,  Sweden  and  Norway,  Uruguay, 
and  Venezuela,  and  miscellaneous  correspond- 
ence relating  to  those  countries.  Division  C  is 
in  charge  of  correspondence  with  the  Barbary 
States,  Central  America,  China,  Fiji  Islands, 
Hawaiian  Islands,  Japan,  Liberia,  Madagascar, 
Maskat,  Mexico,  Navigator's  Islands,  Persia, 
Siam,  Society  Islands,  Turkey,  and  other  coun- 
tries not  assigned,  and  miscellaneous  corre- 
spondence relating  to  those  countries. 

Although  not  a  part  of  its  regular  duties,  the 
preparation  of  the  volumes  known  as  "Foreign 
Relations"  falls  usually  to  some  official  of  the 
Diplomatic  Bureau.  Tracing  this  publication 
from  the  beginning  of  the  Government,  it  will  be 
found  that  the  first  one  that  j)ut  into  available 
shape  the  diplomatic   records  of  the  Govern- 


duties;  of  the  department.  135 

ment  was  the  series  of  volumes  entitled  "The 
Diplomatic  Correspondence  of  the  American 
Revolution,"  edited  by  Jared  Sparks  under 
resolution  of  Congress  of  March  27,  1818. 
This  was,  however,  a  private  publication,  with 
official  sanction.  It  was  followed  by  "The 
Diplomatic  Correspondence  of  the  United 
States  of  America,  from  the  signing-  of  the  De- 
finitive Treaty  of  Peace,  loth  September,  1783, 
to  the  adoption  of  the  Constitution,  March  4, 
1789,"  compiled  under  the  direction  of  the  Sec- 
retary of  State  from  the  original  manuscript  in 
the  Department,  conformably  to  an  Act  of  Con- 
gress approved  May  5,  1832.  Twelve  thousand 
dollars  were  appropriated  to  defray  the  ex- 
penses. 

In  1827,  John  Ouincy  Adams  being  President 
and  Henry  Clay  Secretary  of  State,  the  first 
issue  of  "Foreign  Relations"  was  printed.  It 
has  been  a  continuous  publication  ever  since. 
There  had  been  no  regular  publication  before 
that,  covering  the  period  from  the  adoption  of 


136  DUTIES  OF  THE  DEPARTMENT. 

the  Constitution,  what  printed  records  there 
were  being  scattered  among  the  various  Con- 
gressional pubHcations.  The  volume  of  1827 
of  "Foreign  Relations"  contained  the  Presi- 
dent's message  to  Congress  and  selected  cor- 
respondence between  the  Secretary  of  State 
and  our  legations  and  the  ministers  of  foreign 
powers  resident  in  this  country  illustrative  of 
our  relations  with  the  rest  of  the  world.  It  also 
embraced  reports  relative  to  the  domestic  af- 
fairs and  workings  of  the  Department  of  State. 
The  volume  was  printed,  as  it  has  been  ever 
since,  by  order  of  Congress,  under  the  super- 
vision of  the  Secretary  of  State.  Since  its  in- 
ception, the  plan  of  this  publication  has  not 
varied  materially ;  but  it  has  become  more 
purely  a  work  relating  to  our  foreign  affairs 
than  it  originally  was. 

It  may  be  said  that  the  general  rules  and 
practices  that  govern  our  diplomatic  and  con- 
sular cor[)s  are  found  in  the  various  works  on 
international  law,  and  these  cover  even  minute 


DUTIES  OF  THE  DEPARTMENT.  I  37 

matters  of  form  and  routine ;  but  tliere  has 
gradually  grown  up  an  American  construction 
of  international  law,  and  several  efforts  have 
been  made  in  the  Department  of  State  to  make 
this  available  in  a  convenient  shape  to  persons 
interested.  The  first  of  these  attempts  was  the 
volume  issued  in  1877  under  the  supervision 
of  John  L.  Cadwalader,  Assistant  Secretary  of 
State,  entitled  "Digest  of  the  Published  Opin- 
ions of  the  Attorneys-General  and  of  the  Lead- 
ing Decisions  of  the  Federal  Courts,  with  ref- 
erence to  International  Law,  Treaties,  and  Kin- 
dred Subjects."  This  book  was  followed  in 
1886  by  the  comprehensive  work  of  Francis 
Wharton,  LL.  D.,  "A  Digest  of  the  Interna- 
tional Law  of  the  United  States,  Taken  from 
Documents  Issued  by  Presidents  and  Secre- 
taries of  State,  and  from  Decisions  of  Federal 
Courts  and  Opinions  of  Attorneys-General," 
printed  in  three  volumes,  to  which  a  fourth  was 
subsequently  added  as  a  supplement.  Dr. 
Wharton   was,  during  the   preparation    of  his 


138  DUTIES  OF  THE  DEPARTMENT. 

work,  Solicitor  of  the  Department  of  State,  had 
access  to  all  the  necessary  material,  and  his 
work  has  become  the  reference  book  and  guide 
of  the  American  diplomatic  and  consular  agents, 
as  well  as  of  the  Department  itself.  Beyond 
these  publications,  the  manuscript  archives  of 
the  Department  are  the  sources  whence  infor- 
mation is  drawn  to  show  what  previous  practice 
has  been. 

Correspondence  with  the  Consuls  of  the 
United  States  is  under  the  supervision  of  the 
Consular  Bureau.  The  functions  of  that  Bu- 
reau were  set  forth  in  the  report  of  the  Senate 
investigating  committee  in  1887-,  as  follows:'^' 

The  Bureau  is  divided  into  three  divisions,  as  follows: 
Division  A,  correspondence  with  consulates  within  the 
dominions  of  France,   Germany,  and  Great   IJritain,  and 
miscellaneous  correspondence  relating  thereto. 

Division  B,  correspondence  with  consulates  within  the 
dominions  of  the  Argentine  Republic,  Austria-Hungary, 
Belgium,  Brazil,  Chili,  Denmark,  Greece,  Italy,  Nether- 

*  Report  of  the  Select  Committee  of  the  United  States  Senate,  under  Senate  Reso- 
lution of  March  3,  1887.     Washington,  1888,  Vol.  Ill,  p.  t  et  seq. 


DUTIES  OF  THE  DEPARTMENT.  I  39 

lands,  Paraguay,  Pern,  Portugal,  Russia,  Spain,  Sweden  and 
Norway,  Switzerland,  Uruguay,  and  miscellaneous  corre- 
spondence relating  thereto. 

Division  C,  correspondence  with  Consulates  within  the 
dominions  of  the  Barbary  States,  Bolivia,  Central  America, 
Colombia,  China,  Ecuador,  Egypt,  Eriendly  and  Naviga- 
tors' Islands,  Hawaiian  Islands,  Haiti,  Jai)an,  Liberia, 
Madagascar,  Mexico,  Muscat,  San  Domingo,  Siam,  Turkey, 
Venezuela,  and  other  countries  not  assigned,  and  miscel- 
laneous correspondence  relating  thereto. 

Besides  the  three  heads  of  the  above-named  divisions 
the  Bureau  includes  a  law  clerk,  whose  duty  is  to  exam- 
ine questions  of  law  involved  in  the  work  of  the  Bureau; 
*  *  *  a  mail  clerk,  who  is  charged  with  the  forwarding 
of  all  mail  matter  originating  in  the  Bureau.      *     *     * 

The  work  of  the  Consular  Bureau  consists  principally  of 
correspondence  with  Consular  officers  in  regard  to  their 
official  duties  and  with  the  several  Departments  of  the 
Government  and  individuals  on  the  same  subject.  *  *  * 
It  may  be  said  generally  to  cover  instructions  to  consuls  in 
regard  to  commercial  matters,  seamen's  accounts  and  diffi- 
culties, estates  of  deceased  Americans,  sanitary  reports  and 
inspections  of  vessels,  undervaluation  of  goods,  certifica- 
tion of  invoices,  accounts  for  salary  and  miscellaneous  ex- 
penses, iSrc. ,  and  correspondence  with  Departments  and 
individuals  on  similar  subjects.     Besides  this  work,  much 


140  DUTIES  OF  THE  DEPARTMENT. 

time  is  taken  up  in  giving  to  new  consuls  and  consuls  on 
leave  verbal  instructions  in  regard  to  all  matters  i)ertaining 
to  their  offices. 

Dispatches  from  consuls,  and  letters  from  Departments 
and  individuals,  on  reaching  the  desk  of  the  chief  of  the 
Bureau,-''  are  by  him  examined  and  sent  to  the  ]-)roper  di- 
visions for  reply,  the  nature  of  the  reply  being  indicated 
by  indorsement  of  the  Secretary  or  one  of  the  Assistant 
Secretaries,  or  the  chief  of  the  Bureau.  If  necessary,  a 
report  showing  the  previous  history  of  the  case  or  the  law 
bearing  thereon  is  made  and  the  matter  submitted  for  de- 
cision. Replies  are  written  by  the  heads  of  divisions  and 
submitted  to  the  chief  of  the  Bureau  for  approval,  and  arc 
then  sent  to  be  signed  and  indexed,  when  they  are  returned 
to  the  Bureau  [through  the  Chief  Clerk]  to  be  press-copied 
and  forwarded. 

There  are  more  than  twelve  hundred  persons 
in  the  consular  service  of  the  United  States. 
The  rules  for  their  government  are  found  in  the 
volume  known  as  "Consular  Regulations,"  the 
last  issue  of  which  appeared  in  1888.  It  con- 
tains all  the  laws  and  rules  which  govern  a 
Consul's  performance  of  his   duties,  except   in 

♦H.iving  previously  been  indexed,  as  in  the  case  of  diplomatic  communications. 


DUTIES  OF  THE  DEPARTMENT.  141 

extraordinary  cases  which  it  would  be  impos- 
sible to  cover.  The  first  issue  of  this  handbook 
was  made  in  1874,  under  the  supervision  of 
Honorable  Hamilton  Fish,  and  a  seconci  edition 
appeared  in  1881.  There  had,  however,  been 
issued  in  1855,  by  Honorable  William  L.  Marcy, 
as  Secretary  of  State,  a  handbook  called  "Gen- 
eral Instructions  to  the  Consuls  and  Commer- 
cial Agents  of  the  United  States,  Prepared  un- 
der the  Direction  of  the  Department  of  State," 
which  followed  the  Act  of  March  i,  1855,  re- 
modeling the  consular  and  diplomatic  systems. 
In  accordance  with  the  Act  of  August  18,  1856, 
another  edition  was  issued  in  1857,  entitled 
"Regulations  Prescribed  by  the  President  for 
Consular  Officers  of  the  United  States."  Be- 
fore these  volumes  appeared,  the  consular  offi- 
cers were  dependent  upon  circulars  and  instruc- 
'tions  issued  by  the  Department,  and  upon  their 
general  knowledge  and  experience  in  the  trans- 
action of  business. 

The  reports  of  the  Consuls  which  relate  to 


142  DUTIES  OF  THE  DEPARTMENT. 

trade  or  commerce  in  their  respective  districts 
are  printed  under  the  supervision  of  the  Bureau 
of  Statistics,  and  this  Bureau  edits  and  dis- 
tributes the  reports.  They  are  printed  in  pam- 
phlets or  vohmies  varying"  in  size,  according  to 
their  nature,  and  are  divided  into  three  classes — 
regular  reports  which  come  in  under  the  gen- 
eral consular  regulations,  special  reports  in  re- 
sponse to  circulars  from  the  Department  call- 
ing upon  the  Consuls  for  reports  upon  some 
particular  subject  or  subjects,  and  annual  re- 
ports covering  the  trade  of  the  different  consu- 
lar districts  with  this  country. 

An  edition  of  nine  thousand  copies  of  the 
regular  reports  is  jM'inted,  of  which  five  copies  go 
to  each  Senator  and  Representative,  five  copies 
to  each  board  of  trade,  beside  copies  to  the  libra- 
ries, to  the  press,  to  our  consular  and  diplo- 
matic officers,  to  individuals  and  corporations. 
Between  two  and  three  hundred  copies  are  re- 
served for  distribution  by  the  Department  as 
they  may  be  called  for.     Inquiries  in  person  or 


DUTIES  OF  THE  DEPARTMENT.  143 

by  letter  relating-  to  the  commerce,  industry, 
and  trade  of  foreign  countries  are  answered  by 
this  Bureau. 

The  introduction,  dated  October,  1880,  to  the 
first  of  the  regular  issues  of  the  "Consular  Re- 
ports" contains  a  statement  of  the  origin  of  the 
system  of  publication,  which  has  been  followed 
ever  since.     It  is  as  follows : 

Previous  to  the  last  session  of  Congress,  with  the  excep- 
tion of  short  abstracts  given,  from  time  to  time,  to  the  press, 
tlie  only  means  of  giving  publicity  to  consular  reports  was 
through  the  annual  volume  of  Commercial  Relations.  The 
delay  incident  hereto  neutralized,  to  a  large  degree,  the 
good  which  would  have  resulted  from  the  immediate  pub- 
lication of  many  of  these  communications,  while  a  large 
number  of  valuable  reports  were  left  unpublished  altogether, 
and  many  others  necessarily  curtailed,  in  order  that  the 
annual  volume  might  be  kept  within  reasonable  limits. 

Appreciating  the  good  results  of  the  praiseworthy  efforts 
of  our  consuls  for  the  enlargement  of  our  commercial  re- 
lations in  their  several  districts,  and  desirous  of  giving  the 
country  the  fullest  and  most  direct  benefits  of  their  labors. 
Congress,  upon  representations  made  thereto  by  this  De- 
partment, at  its  recent  session,  made  provision  "for  print- 


144  DUTIES  OF  THE  DEPARTMENT. 

ing  and  distributing  more  frequently  the  publications  by 
the  Dei)artment  of  State  of  the  consular  and  other  reports." 

This  action  was  taken  in  response  to  the  wishes  of  the 
leading  commercial  communities  of  the  United  States,  as 
exp«issed  through  the  chambers  of  commerce  of  the  princi- 
pal cities,  which  bore  testimony  to  the  great  value  of  these 
reports,  and  the  advantages  which  would  accrue  from  their 
more  frequent  publication. 

As  a  necessary  sequence  to  the  foregoing  action  of  Con- 
gress, a  circular,  under  date  of  July  i,  1880,  was  issued  by 
this  Department  to  the  consuls-general,  consuls,  and  com- 
mercial and  consular  agents  of  the  United  States.  The 
nature  of  this  circular,  and  the  scope  of  the  projjosed  pub- 
lications, of  which  this  is  the  initial  number,  will  be  under- 
stood from  the  following  extracts: 

^  ^Ji  ^  ;}<  ^ 

' '  You  are  therefore  requested  to  prepare  and  forward  to 
this  Department  reports  upon  all  subjects  which  may  be 
calculated  to  advance  the  commercial  and  industrial  inter- 
ests of  the  United  States,  bearing  in  mind,  however,  while 
giving  yourselves  the  broadest  scope  for  the  accomplish- 
ment of  the  work  herein  assigned  you,  that  your  principal 
efforts  must  be  directed  to  the  introduction  of  the  Ameri- 
can trade  into,  and  the  enlargement  thereof  in,  your  dis- 
tricts. 


DUTIES  OF  THE  DEPARTMENT.  I  45 

"  'I'hc  annual  volume  of  Commercial  Relations  will  be 
[)ul)lished  as  heretofore;  you  will  continue  to  prepare  your 
annual  reports  therefor  as  usual,  but  the  publication  of  these 
special  communications  will  enable  you  to  dispense  in  the 
former  with  all  extraneous  matter,  treating  therein  of  sub- 
jects pertaining  only  to  what  i)roperly  belongs  to  annual 
reports,  as  laid  down  in  consular  regulations. 

;•;  ;ic  ;iJ  ^  H^ 

"I  am,  etc., 

"Wm.   M.   Evarts." 

The  amotmt  appropriated  by  Congress  was 
^20,000;  the  appropriation  has  remained  the 
same  ever  since. 

Previous  to  this  action,  an  attempt  had  been 
made  by  the  Department,  looking-  to  the  same 
end.  In  July,  1877,  a  circular  was  sent  to  the 
Consuls  in  Mexico,  Central  and  South  America, 
in  part  as  follows : 

It  is  believed  that  the  period  has  now  arrived  when  it 
would  be  wise  for  all  the  nations  of  this  continent  to  con- 
sider more  carefully  than  heretofore  how  they  may  best 
enlarge  their  trade  with  each  other.  Their  geographical 
position  and  the  resemblance  between  their  political  insti- 
tutions facilitate  the  cultivation  of  such  commerce, 
10 


146  DUTIES  OF  THE  DEPARTMENT. 

The  Linited  States  are  in  a  condition  to  supply  cheaply 
and  easily  many  products  and  manufactured  articles,  suit- 
able to  their  wants,  to  all  or  nearly  all  of  the  Spanish 
American  Republics,  *  -i-  *  receiving  in  return  natural 
products,  which  can  be  utilized  here. 

Apart  from  questions  of  merely  commercial  or  pecuniary 
advantage,  the  development  of  such  trade  would  have  also 
a  beneficial  influence  upon  the  political  condition  of  the 
republics  of  this  continent. 

;•;  ;•;  ^  :><  ;{; 

In  view  of  these  considerations,  it  is  desired  by  the  De- 
partment that  its  Diplomatic  and  Consular  officers  should 
devote  attention  to  the  question  of  methods  by  which 
trade  with  the  United  States  can  be  most  judiciously  fos- 
tered. 

Without  seeking  to  interfere  with  any  commercial  oper- 
ations or  enterprises  that  may  now  be  in  existence,  it  is 
nevertheless  deemed  highly  probable  that  you  may  be  able, 
by  examination  and  inquiry,  to  point  out  branches  of  trade 
with  *  ^^  *  in  which  the  United  States  may  properly 
and  usefully  share.  You  are  instructed,  therefore,  to  make 
such  examination  at  your  convenience,  and  to  advise  the 
Department,  when  suitable  occasions  shall  offer,  as  to  the 
demand  for  different  kinds  of  manufactured  articles  now 
in     -'-     -i-     -'-,     their  nature  and  prices,  and  whether  they 


DUTIES  OF  THE  DEPARTMENT. 


147 


are  of  the  character  which  it  is  jjrolxible  the  industry  of  the 
United  States  can  sui)ply. 

*  ;1<  ^;  ^  ^ 

The  inquiry  here  suggested  should  not  be  hastily  made 
*  ^'  *.  It  is  rather  the  purpose  of  the  Department 
that  it  should  be  continuous,  and  that  you  may  from  time 
to  time  communicate  to  the  Government  such  information 
as  you  may  from  time  to  time  acquire  in  this  direction,  in 
order  that  it  may  be  laid  before  Congress  and  the  general 
public. 

I  am,  etc., 

Wm.   M.   Evarts. 

This  circular  was  supplemented  in  August  of 
the  same  year  by  a  similar  one  to  the  Consuls 
in  Europe.  The  replies  were  printed  and  dis- 
tributed, and  paved  the  way  toward  the  system- 
atic publication  at  regular  intervals  of  "  Consular 
Reports"  by  the  Bureau  of  Statistics. 

Both  of  these  circulars  were  followed  by  one 
dated  April  11,  1878,  which  was,  perhaps,  the 
most  important  effort  thus  far  made  by  the  De- 
partment to  utilize  the  consular  corps  as  an 
instrument   for  gathering  important  statistics, 


148  DUTIES  OF  THE  DEPARTMENT. 

It  was  known  as  the  "Labor  Circular,"  and  was 
sent  to  the  consular  officers  in  Great  Britain, 
France,  Germany,  Belgium,  Italy,  Spain,  the 
Netherlands,  Sweden  and  Norway,  and  Den- 
mark.    It  read  as  follows  : 

Gentlemen  :  With  reference  to  the  circular  addressed 
to  you  in  August,  1877,  in  respect  to  the  trade  of  the  United 
States  with  foreign  countries,  it  is  now  deemed  desirable 
that  you  should  make  inquiries  and  report  in  regard  to  the 
following  points,  viz: 

I''  The  rate  of  wages  usually  paid  to  laborers  of  every 
class,  but  with  more  especial  reference  to  agricultural  labor- 
ers, mechanical  laborers,  and  those  upon  public  works  and 
railways. 

2^  The  cost  of  living  to  the  laboring  class,  or  the  prices 
paid  for  what  may  be  termed  the  necessaries  of  life. 

3'"  So  far  as  practicable,  a  comparison  of  the  present  rates 
with  those  prevailing  during  the  i)ast  five  years,  both  as  to 
wages  and  cost  of  living. 

4"'  Such  information  as  may  be  obtainable  touching  the 
present  state  of  trade,  whether  prosperous  or  otherwise; 
the  amount  and  character  of  i)apor  money,  if  any,  as  cir- 
culation;  and  the  amount  and  character  of  coin,  with  the 
relation  borne  by  paper  and  coin  to  each  other. 


DUTIES  OF  THE  DEPARTMENT.  I  49 

5'''  And  lastly,  such  information  as  may  he  obtainable  as 
to  the  business  habits  and  systems  of  your  districts. 

It  is  desired  that  the  information  which  may  come  to 
your  knowledge  on  the  foregoing  points  should  be  em- 
braced in  a  report  to  the  Department,  to  be  made  as  soon 
as  may  be  practicable. 

I  am,  etc., 

F.   W.   Seward, 

Assistant  Secretary. 

The  result  of  this  circular  was  the  publication, 
by  order  of  Cong-ress,  the  following  year,  of  the 
volume  known  as  "Labor  in  Europe,"  the  pre- 
cursor of  the  exhaustive  report  in  three  volumes 
which  appeared  in  1884,  Since  the  organiza- 
tion of  the  present  Bureau  of  Statistics  numer- 
ous other  special  reports,  following  the  same 
plan,  have  been  printed,  the  largest  and  most 
elaborate  of  which  are  the  volumes,  profusely 
illustrated,  entitled  "Cattle  and  Dairy  Farming 
of  the  World." 

The  volumes  of  "  Commercial  Relations " 
issued  by  this  Bureau  were  authorized  by  the 
Act  of  August  18,  1856. 


150  DUTIES  OF  THE  DEPARTMENT. 

In  the  same  year,  before  the  passage  of  that 
Act,  appeared  four  large  vohimes  entitled  "Re- 
port on  the  Commercial  Relations  of  the  United 
States  with  all  Foreign  Nations  ;  Edmund  Flagg, 
Superintendent;  Prepared  and  Printed  under 
the  Direction  of  the  Secretary  of  State  in  Ac- 
cordance with  Resolutions  of  the  Senate  and 
House  of  Representatives."  The  resolutions 
had  voted  $10,000  to  defray  the  expense. 

In  his  introduction,  Mr.  Flagg,  "  Superin- 
tendent of  the  Statistical  Office,"  stated: 

Three  reports  on  "the  privileges  and  restrictions  of  the 
commercial  intercourse  of  the  United  States  with  foreign 
nations  "  similar  to  the  present,  have  appeared  since  the  es- 
tablishment of  this  government.  The  first  was  communi- 
cated to  the  House  of  Representatives,  December  16,  1793, 
by  Mr.  Secretary  Jefferson,  in  conformity  to  "instruc- 
tions" of  that  body,  February  14,  1791,  and  embraces 
what  is  equivalent  to  some  eight  or  ten  octavo  pages.  The 
second  was  communicated  to  the  Senate  by  Mr.  Secretary 
Forsyth,  December  18,  1839,  in  compliance  with  a  resolu- 
tion of  that  body  of  December  19,  1838,  and  comprises 
seventy-four  octavo  pages.     The  third  and  last  rei)ort  was 


DUTIES  OF  THE  DErARTMENT.  151 

communicated  to  the  House  of  Representatives  by  Mr. 
Secretary  Webster,  March  29,  1S42,  in  accordance  with 
resolutions  of  that  body  of  September  3,  1841,  and  Jan- 
uary 31,  1842,  and  forms  a  document  of  nearly  six  hun- 
dred pages. 

In  addition  to  these  reports,  three  other  commercial 
compilations  issued  by  the  government  should  be  named — 
to  wit: — the  "Commercial  Digest,"  transmitted  to  the 
Senate  by  President  Monroe,  December  7,  181 9,  con- 
formably to  a  resolution  of  that  body,  March  3,  181 7; 
the  "Digest  of  Commercial  Regulations,"  showing  the 
"changes  "  in  such  regulations  subsequent  to  the  Digest  of 
18 19,  prepared  by  Mr.  Secretary  Adams,  in  accordance 
with  a  resolution  of  the  House,  January  21,  1823,  and 
communicated  to  that  body  January  30,  1824;  and  last, 
the  "Digest  of  Commercial  Regulations"  prepared  and 
printed,  in  three  volumes,  under  the  direction  of  the  Sec- 
retary of  State,  in  compliance  with  a  resolution  of  the 
House,  March  3,  1831;  the  first  volume  being  completed 
for  transmission  to  that  body.  May  28,  1833,  ^^^  the  sec- 
ond and  third  volume  in  1836.  But  in  neither  of  these 
works  last  named,  was  it  required  to  communicate  specific- 
ally "the  jjrivileges  and  restrictions  of  the  commercial  in- 
tercourse of  the  United  States  with  foreign  nations,"  by 
which  requirement  the  former  were  characterized. 


152  DUTIES  OF  THE  DEPARTMENT. 

The  four  volumes  of  the  report  were  di- 
vided into  three  parts — "Commercial  Digests," 
"Comparative  Tariffs,"  and  "Consular  Re- 
turns." 

In  1857  appeared  the  first  volume  of  the 
"Commercial  Relations,"  the  title  page  read- 
ing: "  Report  of  the  Secretary  of  State,  Trans- 
mitting a  Statement  from  the  Superintendent 
of  Statistics  of  the  Commercial  Relations  of  the 
United  States  with  Foreign  Nations,  for  the 
Year  Ending  September  30,  1856."  The  vol- 
ume was  on  the  same  plan  as  that  now  pursued, 
being  composed  of  statistical  reports  giving  in- 
formation of  the  condition  of  trade  in  their  dis- 
tricts by  the  Consuls.  While  it  is  now  edited 
and  prepared  in  the  Bureau  of  Statistics,  its 
distribution  is  a  function  of  the  Bureau  of  Rolls 
and  Library,  which  also  has  in  its  custody  the 
laws  of  the  United  States. 

Under  the  terms  of  the  Act  creating  the  De- 
partment of  State  bills,  orders,  resolutions,  etc., 
passed  by  Congress  and  approved  by  the  Presi- 


DUTIES  OF  THE  DEPARTMENT.  I  53 

dent,  or  passed  over  his  veto,  were  sent  to  the 
Secretary  of  State,  by  whom  they  were  prhited 
in  at  least  three  newspapers,  and  copies  sent  to 
Senators  and  Representatives  and  the  Execu- 
tives of  the  several  States,  and  the  originals  re- 
corded and  preserved.  Applications  from  the 
newspapers  for  the  printing  were  received  and 
duly  considered,  and  the  contracts  awarded. 
In  1795  (March  3)  this  method  was  abandoned, 
and  the  Secretary  of  State  was  directed  "after 
the  next  session  of  Congress,  [to]  cause  to  be 
collated  and  printed,  at  the  public  expense,  a 
complete  edition  of  the  laws  of  the  United 
States,  comprising  the  Constitution  of  the 
United  States,  the  public  acts  then  in  force, 
and  the  treaties,  together  with  an  index  of  the 
same."  Four  thousand  five  hundred  copies 
were  to  be  divided  among  the  several  States 
and  the  Territory  Northwest  of  the  Ohio, 
through  their  respective  Executives,  according 
to  the  rule  for  apportioning  Representatives  in 
Congress,   and  five   hundred    copies   were  re- 


154  DUTIES  OF  THE  DEPARTMENT. 

served  for  the  future  disposition  of  Congress. 
The  Acts  passed  at  each  succeeding  Con- 
gress were  to  be  printed  and  distributed  in 
the  same  way.  Under  this  law  began  the  vol- 
umes "Laws  of  U.  States,"  printed,  in  the 
beginning,  by  Richard  Folwell,  '^^■i)  Carter's 
Alley. 

By  Act  of  March  3,  1797,  Congress  directed 
that  the  five  hundred  copies  reserved  for  its  fu- 
ture use  should  be  distributed  by  the  Secretary 
of  State  as  follows :  Two  sets  to  George  Wash- 
ington, one  for  his  personal  use,  the  other  for 
his  official  use;  a  set' to  the  Vice-President 
and  to  each  Senator  and  Member  of  Congress ; 
six  sets  to  the  Secretary  of  the  Senate  and 
twelve  sets  to  the  Clerk  of  the  House ;  a  set 
for  each  of  the  Judges  of  the  United  States  Su- 
preme Court  and  the  District  Courts,  and  the 
Marshals  and  Attorneys ;  one  set  each  for 
the  Secretaries  of  State,  of  the  Treasury,  and 
of  War,  the  Attorney-General,  the  Director  of 
the  Mint,  the  Comptroller  of  the  Treasury,  the 


DUTIES  OF  THE  DEPARTMENT.  I  55 

Commissioner  of  the  Revenue,  the  Remster, 
the  Auditor,  the  Accountant  of  the  War  De- 
partment, the  Postmaster-General,  and  the  Pur- 
veyor of  Pubhc  Supphes ;  one  set  to  the  Gov- 
ernor and  one  to  the  Secretary  of  the  Territory 
Northwest  of  the  Ohio,  and  to  each  of  the  judges 
of  the  Territory ;  also  to  each  collector,  naval 
officer,  surveyor,  supervisor,  and  inspector  of 
the  revenue.  The  volumes  were,  upon  sev- 
erance of  an  official  from  his  office,  to  be  left 
for  his  successor,  except  in  the  case  of  the 
President,  Vice-President,  Senators,  Represent- 
atives, and  Judges  of  the  Supreme  Court  and 
District  Courts,  to  whom  they  were  to  be  per- 
sonal property. 

The  publication  of  the  laws  in  newspapers 
was  revived  by  the  Act  of  March  2,  1799, 
which  provided  that  the  Secretary  of  State 
should  print  them  in  at  least  one  newspaper 
within  each  State ;  and,  in  case  this  was  found 
to  be  insufficient  j)r()mulgation,  the  publication 
could  be  made  in  not  more  than  three  newspa- 


156  DUTIES  OF  THE  DEPARTMENT. 

pers  in  one  State.  He  was  also  required  to 
print  five  thousand  copies  in  addition  to  the 
usual  number,  to  be  delivered  to  the  United 
States  Judges,  District  Attorneys,  and  Mar- 
shals, the  remainder  to  be  distributed  according 
to  the  rule  for  apportioning  Representatives. 
This  Act  necessarily  increased  the  business  ol 
the  Department,  and  the  correspondence  with 
editors  competing  for  publishing  the  laws  be- 
came considerable. 

March  27,  1804,  another  Act  was  approved, 
requiring  the  Secretary  of  State  "to  procure 
four  hundred  copies  of  the  laws  of  the  United 
States,"  one  hundred  copies  to  be  distributed 
in  the  Territory  of  Orleans  and  three  hun- 
dred copies  to  be  reserved  for  the  disposal  of 
Congress.  One  thousand  copies  of  the  laws 
printed  at  the  close  of  Congress  were  to  be 
similarly  reserved,  and  the  distribution  of  the 
remainder  extended  to  the  Territory  of  Orleans 
and  District  of  Louisiana  and  the  other  Terri- 
tories.    The   Secretary  of  State   was  also   re- 


DUTIES  OF  THE  DEPARTMENT.  I  57 

c[uircd  to  print  the  laws  in  a  newspaper  in  each 
Territory  where  newspapers  were  printed.  An 
appropriation  of  ;^2,ooo  was  made  for  defraying 
the  expenses.  The  payments  for  carrying-  out 
the  provisions  of  the  previous  acts  had  come 
from  the  general  fund. 

The  method  of  printing  described  above  con- 
tinued, and  in  1814  (April  18)  Bioren,  Duane 
&  Weightman  were  authorized,  under  the  su- 
pervision of  the  Secretary  of  State,  to  publish  an 
edition  of  the  laws  in  four  volumes.  This  did 
not  supersede  the  issues  by  the  Department, 
but  merely  authorized  a  reprint. 

November  21,  1814,  the  Secretary  of  State  was 
authorized  in  his  discretion  to  extend  the  pro- 
mulgation of  the  laws  in  the  Territories  by  print- 
ing them  in  two  newspapers  in  each  Territory. 

The  following  year  (March  3)  the  copies  of 
the  laws  which  had  not  been  distributed  were 
transferred  from  the  Department  of  State  to  the 
Congressional  Library. 

April  20,  1818,  another  law  was  enacted  au- 


158  DUTIES  OF  THE  DEPARTMENT. 

thorizing  the  Secretary  of  State  to  publish  the 
laws,  etc.,  currently,  "in  not  more  than  one 
newspaper  in  the  District  of  Columbia,  and  in 
not  more  than  three  newspapers  in  each  of  the 
territories  of  the  United  States."  The  compen- 
sation for  printing  by  the  newspapers  was  fixed 
by  this  Act  "at  the  rate  of  one  dollar  for  each 
printed  page  of  the  laws,  resolutions,  and  trea- 
ties, as  published  in  the  pamphlet  form."  The 
pamphlet  was  prescribed  to  be  "eleven  thousand 
copies  of  the  Acts  of  Congress  at  large,  includ- 
ing all  resolutions  passed  by  Congress,  amend- 
ments to  the  Constitution  adopted,  and  all 
public  treaties  made  and  ratified  since  the  last 
publication  of  the  laws ;  which  copies  shall  be 
printed  on  paper,  and  in  the  size  of  the  sheet 
and  type,  in  a  manner  to  correspond  with  the 
late  revised  edition  of  the  laws,  published  by 
Bioren  and  Co."  The  Secretary  of  State  was 
required,  also,  to  insist  that  whoever  printed  the 
laws  should  furnish  "two  good  and  sufficient 
sureties  for  the  faithful  performance  of  the  con- 


DUTIES  OF  THE  DEPARTMENT.  I  59 

tract."  The  appropriation  for  carrying  out  the 
Act  was  "whatever  sum  of  money  may  be  nec- 
essary." By  Act  of  April  24,  181 8,  the  Secre- 
tary was  ordered  to  have  printed  the  laws  of 
Michigan  Territory,  and  to  distribute  them 
among  the  people  of  the  Territory. 

All  the  previous  Acts  were  modified  by  the 
law  of  May  1 1,  1820,  prescribing  the  publication 
of  the  laws  "in  a  number  of  public  newspapers, 
not  exceeding  one  in  the  District  of  Columbia, 
and  in  not  more  than  three  newspapers  in  each 
of  the  several  states  and  territories  of  the  United 
States."  All  treaties,  except  Indian  treaties, 
he  was  ordered  to  publish  in  one  newspaper, 
"and  that  to  be  within  the  limits  of  the  state  or 
territory  to  which  the  subject  matter  of  such 
treaty  shall  belong." 

These  publications  in  the  newspapers  did  not, 
however,  interfere  with  the  pamphlet  publica- 
tions by  the  Department ;  but  the  Act  of  August 
26,  1842,  recognized  as  authority  the  edition  of 
Little,  Brown  &  Company  and  discontinued  the 


l6o  DUTIES  OF  THE  DEPARTMENT. 

Department  pamphlet.  This  Act  also  provided 
for  the  printino-  jn  "not  less  than  two  nor  more 
than  four  of  the  principal  newspapers  pub- 
lished in  the  City  of  Washington  for  country 
subscribers,  givin^-  the  preference  to  such  pa- 
pers as  have  the  greatest  number  of  permanent 
subscribers  and  the  most  extensive  circulation." 
The  compensation  allowed  was  the  same  as  that 
fixed  by  the  Act  of  April  20,  181 8. 

Little,  Brown  &  Company  continued  to  pub- 
lish the  laws;  anci  October  31,  1850,  under 
authority,  the  Secretary  of  State  concluded  a 
contract  with  them  for  that  purpose. 

The  Act  of  June  25,  1864,  revived  the  pam- 
phlet publication  l)y  the  Department  and  dis- 
continued the  payments  to  Little,  Brown  & 
Company,  provision  being-  made,  also,  for  the 
publication  in  newspapers.  The  Act  of  July  23, 
1 866,  appropriated  ^i  5,000  for  printing  the  laws 
in  newspapers  in  the  insurgent  States.  A  reso- 
lution of  March  31  of  that  year  had  directed  the 
renewal  of  the  contract  with  Little,  Brown  <k 


DUTIES  OF  THE  DEPARTMENT.    .  l6l 

Company,  provided  diat  the  cliarges  for  die 
publicadon  of  dieir  edition  of  the  laws  were  not 
more  than  five  per  cent,  above  cost  price.  The 
appropriation  Act  of  1872  required  that  the 
pamphlet  publication  of  the  laws  should  cease 
after  March  4,  1875. 

In  1874  the  contract  with  Little,  Brown  & 
Company  having  come  to  an  end  was  not  re- 
newed, and  the  publication  of  the  laws  was 
placed  solely  in  the  hands  of  the  Secretary  of 
State  by  Act  of  June  20.  This  was  the  Act 
that  created  the  "Revised  Statutes  of  the  United 
States,"  and  the  Secretary  was  also  authorized 
to  "cause  to  be  edited,  printed,  published  and 
distributed  pamphlet  copies  of  the  statutes"  of 
that  and  each  future  session  of  Congress,  and 
bound  copies  of  the  laws  of  each  Congress, 
The  Act  provided  that  the  pamphlet  copies  of 
the  acts  and  resolutions  be  distributed  as  follows: 

To  the  President  and  Vice  President  of  the  United 
States,  two  copies  each ;  to  each  Senator,  Representative, 
and  Delegate  in  Congress,  one  copy ;  to  the  librarian  of 


1 62  DUTIES  OF  THE  DEPARTMENT. 

the  Senate,  for  the  use  of  Senators,  one  hundred  and  twenty- 
six  copies ;  to  the  librarian  of  the  House,  two  hundred 
and  fifty  copies,  for  the  use  of  the  Representatives  and 
Delegates ;  to  the  Library  of  Congress,  fourteen  copies ; 
to  the  Department  of  State,  including  those  for  the  use  of 
legations  and  consulates,  six  hundred  copies  ;  to  the  Treas- 
ury Department,  two  hundred  copies  ;  to  the  War  Depart- 
ment, including  those  for  the  use  of  officers  of  the  Army, 
two  hundred  copies;  to  the  Navy  Department,  including 
those  for  the  use  of  officers  of  the  Navy,  one  hundred 
copies;  to  the  Department  of  the  Interior,  including  those 
for  the  use  of  the  surveyors-general  and  registers  and  re- 
ceivers of  public  land  offices,  two  hundred  and  fifty  copies; 
to  the  Post  Office  Department,  fifty  copies  ;  to  the  Depart- 
ment of  Justice,  including  those  for  the  use  of  the  Chief 
Justice  and  associate  justices,  the  judges  and  the  officers  of 
the  United  States  and  territorial  courts,  four  hundred  and 
twenty-five  copies;  to  the  Department  of  Agriculture,  ten 
copies;  to  the  Smithsonian  Institution,  five  copies;  to  the 
Government  Printing  Office,  two  copies;  to  the  governors 
and  secretaries  of  Territories,  one  copy  each  ;  to  be  retained 
in  the  custody  of  the  Secretary  of  State,  one  thousand 
copies;  and  ten  thousand  copies  shall  be  distributed  to  the 
States  and  Territories  in  proportion  to  the  number  of 
Senators,  Representatives,  and  1  )clegatc's  in  Congress  to 
which  they  are  at  the  time  entitled. 


DUTIES  OF  THE  DEPARTMENT.  I  63 

Section  7  of  the  Act  reads: 

That  after  the  close  of  each  Congress  the  Secretary  of 
State  shall  have  edited,  printed  and  bound  a  sufificient 
number  of  the  volumes  containing  the  Statutes  at  Large 
enacted  by  that  Congress  to  enaljle  him  to  distribute  copies, 
or  as  many  thereof  as  may  be  needed,  as  follows:  To  the 
President  of  the  United  States,  four  copies,  one  of  which 
shall  be  for  the  library  of  the  Executive  Mansion,  and  one 
copy  shall  be  for  the  use  of  the  Commissioner  of  Public 
Buildings;  to  the  Vice  President  of  the  United  States, 
one  copy;  to  each  Senator,  Representative,  and  Delegate 
in  Congress,  one  copy;  to  the  library  of  the  Senate,  for 
the  use  of  Senators,  one  hundred  and  fourteen  copies;  to 
the  librarian  of  the  House,  for  the  use  of  Representatives 
and  Delegates,  four  hundred  and  ten  copies;  to  the  Library 
of  Congress,  fourteen  copies,  including  four  copies  for  the 
law  library ;  to  the  Department  of  State,  including  those 
for  the  use  of  legations  and  consulates,  three  hundred  and 
eighty  copies;  to  the  Treasury  Department,  including  those 
for  the  use  of  officers  of  customs,  two  hundred  and  sixty 
copies ;  to  the  War  Department,  including  a  copy  for  the 
Military  Academy  at  West  Point,  fifty  copies;  to  the  Navy 
Department,  including  a  copy  for  the  library  at  the  Naval 
Academy  at  Annapolis,  a  copy  for  the  library  at  each  navy- 
yard   in  the  United  States,  a  copy  for  the  library  of  th^ 


164  DUTIES  OF  THE  DEPARTMENT. 

IJrooklyn  Naval  Lyceum,  and  a  copy  for  the  library  of  the 
Naval  Institute  at  C'harlestown,  Massachusetts,  sixty-five 
copies;  to  the  Department  of  the  Interior,  including  those 
for  the  use  of  the  surveyors-general  and  registers  and  receivers 
of  public  land-offices,  two  hundred  and  fifty  copies  ;  to  the 
Post  Office  Department,  fifty  copies;  to  the  Department  of 
Justice,  including  those  for  the  use  of  the  chief  and  asso- 
ciate justices,  the  judges  and  the  officers  of  the  United 
States  and  territorial  courts,  four  hundred  and  twenty-five 
copies;  to  the  Department  of  Agriculture,  five  copies;  to 
the  Smithsonian  Institution,  two  copies;  to  the  Government 
Printing  Office,  one  copy;  and  the  Secretary  of  State  shall 
supply  deficiencies  and  offices  newly  created. 

Also,  the  Department  was  ordered  to  sell  the 
Revised  Statutes  and  the  laws  of  each  session 
"  at  the  cost  of  the  paper,  press  work,  and  bind- 
ing", with  ten  per  cent  thereof  added  thereto  to 
any  person  applying  for  the  same,"  the  proceeds 
to  be  paid  into  the  Treasury. 

Following  the  provisions  of  the  law,-  the  sys- 
tem at  the  present  day  is  as  follows : 

As  soon  as  a  law  or  resolution  is  passed  by 
Congress  and  signed  by  the  President,  or 
passed  by  a  two-thirds  vote  over  the  President's 


DUTIES  OF  THE  DEPARTMENT.  I  65 

veto,  it  is  sent  to  the  Department  of  State. 
There  it  is  numbered  and  classed  either  as 
"pubHc"  or  "private,"  and  is  compared  with 
the  printed  bill  upon  which  it  was  based,  which 
had  been  received  by  the  Department  before  it 
became  a  law.  The  bill  is  altered  so  as  to  be 
identical  with  the  law,  and  becomes  the  "copy" 
for  the  Government  Printing-  Office.  Up  to 
July,  1838,  all  the  laws  and  resolutions  were 
copied  in  the  Department  in  full  in  books  pro- 
vided for  the  purpose ;  but  the  law  requiring 
this  was  in  that  year  repealed,  and  this  unneces- 
sary labor  ceased.  The  proof,  being  received 
from  the  Government  Printinof  Office,  is  com- 
pared,  not  with  the  "copy,"  but  with  the  origi- 
nal engrossed  act  or  resolution,  the  revised  and 
re-revised  proof  being  similarly  dealt  with.  As 
finally  printed,  the  act  or  resolution  appears  on 
separate,  unbound  sheets.  These  are  termed 
the  "slip  laws,"  and  are  for  free  distribution  ; 
and  certified  conies  under  the  seal  of  the  De- 
partment  can  be  had  on  application,  the  "slip 


I  66  DUTIES  OF  THE  DEPARTMENT. 

law,"  before  the  certification,  beine  airain  com- 
pared  with  the  original.  The  pamphlet  publi- 
cation of  the  statutes  is  made  from  the  "slip 
laws;"  but,  after  they  are  given  to  the  printer 
and  "set  up,"  they  have  the  benefit  of  compari- 
son with  the  originals,  making,  in  all,  four  sepa- 
rate readings.  Having  passed  into  the  hands 
of  the  Editor  of  the  Laws,  they  are  printed  un- 
der his  supervision,  and  appear  as  the  Statutes 
at  Large.  The  original  laws  and  resolutions 
are,  after  the  final  reading,  bound  and  placed  on 
file ;  and  the  stereotype  plates  from  which  the 
printing  is  done  are  sent  to  the  Department  of 
State  and  deposited  there. 

In  addition  to  the  laws  themselves,  there  are 
deposited  with  the  Department  of  State  what 
are  known  as  the  "pocketed  laws."  These  are 
the  bills  or  resolutions  of  Congress  which,  com- 
ing to  the  President  within  ten  days  of  the  ad- 
journment of  Congress,  have  not  received  his 
approval.  They  have  not  been  returned  to 
Congress  with  his  disapproval,  and  they  sim- 


DUTIES  OF  THE  DEPARTMENT.  \6j 

ply  fail  because  he  has  not  signed  them.  These 
are  all  sent  to  the  Department  of  State,  where 
they  are  bound  and  preserved  under  the  above 
heading. 

The  printed  editions  of  the  laws  pass  into  the 
immediate  custody  of  the  Bureau  of  Accounts, 
being  distributed  according  to  the  Act  of  Con- 
gress, and  sold  subject  to  the  provisions  of  the 
following  circular,  the  moneys  received  being 
deposited  in  the  Treasury  Department  and 
credited  to  the  fund  "  Miscellaneous  Accounts :" 

Department  of  State. 

The  following  are  the  prices  at  which  the  Laws  of  the 
United  States  are  sold  at  this  Department,  no  provision 
having  been  made  by  Congress  for  their  free  distribution  : 

Revised  Statutes  (Edition  of  1878) bound. ..^2. 90 

Revised  Statutes  relating  to  District  of  Columbia,  Post  Roads,  and 

Public  Treaties bound ...  3.58 

Supplement  to  the  Revised  Statutes  (Edition  of  1891) do 2.00 

(Abridgment  of  Vols.   iS,   19,  20,  21,  22,  23,  24,  25,  and   26, 
Statutes  at  Large.) 

Laws  of  first  session,  43d  Cong.,  i873-'74 pamphlet...   1.05 

Laws  of  second  session,  43d  Cong.,  i874-'75 do 65 

Statutes  at  Large,  Vol.  18,  43d  Cong.,  i873-'75 bound...   2.99 

Laws  of  first  session,  44th  Cong.,  i875-'76 pamphlet...      .65 


1 68  DUTIES  OF  THE  DEPARTMENT. 

Laws  of  second  session,  44th  Cong.,  i876-'77 pamphlet... $0.48 

Statutes  at  Large,  Vol.  19,  44th  Cong.,  i875-'77 bound...  2.40 

Laws  of  first  session,  45th  Cong.,  1877 pamphlet...      .  12 

Laws  of  second  session,  45th  Cong.,  iS77-'78 do 50 

Laws  of  third  session,  45th  Cong.,  l878-'79 do 55 

Statutes  at  Large,  Vol.  20,  45th  Cong.,  iS77-'79 bound...  2.28 

Laws  of  first  session,  46th  Cong.,  1879 panii)hlet...      .14 

Laws  of  second  session,  46th  Cong.,  i879-'8o do 60 

Laws  of  third  session,  46th  Cong.,  l88o-'8i do 46 

Statutes  at  Large,  Vol.  21,46th  Cong.,  i879-'8i bound...   2.50 

Laws  of  first  session,  47th  Cong.,  l88i-'82 pamphlet...      .72 

Laws  of  second  session,  47th  Cong.,  1882-83 do 55 

Statutes  at  Large,  Vol.  22,  47th  Cong.,  i88i-'83 bound...   2.30 

Laws  of  first  session,  48th  Cong.,  l883-'84 pamphlet...      .65 

Laws  of  second  session,  48th  Cong.,  1884-85 do 50 

Statutes  at  Large,  Vol.  23,  48th  Cong.,  i883-'8s bound...  2. 10 

Laws  of  first  session,  49th  Cong.,  1885-86 pamphlet...      .75 

Laws  of  second  session,  49th  Cong.,  i886-'87 do 50 

Statutes  at  Large,  Vol.  24,  49th  Cong.,  1885-S7 bound...  2.20 

Laws  of  first  session,  50th  Cong.,  lS87-'88 pamphlet...   i.oo 

Laws  of  second  session,  50th  Cong.,  1888-89 ^o 55 

Statutes  at  Large,  Vol.  25,  50th  Cong.,  1887-89 bound...   2.45 

Laws  of  first  session,  51st  Cong.,  1 889-' 90 pamphlet...   i  .05 

Laws  of  second  session,  51st  Cong.,  i890-'9i do 70 

Statutes  at  Large,  Vol.  26,  51st  Cong.,  i889-'9i bound...   2.60 

Laws  of  first  session,  52d  Cong.,  l89i-'92 pamphlet...      .70 

The  Revised  Statutes  (Edition  1878)  embraces  the  laws 
of  a  general  and  permanent  nature  in  force  December  i, 
1873,  ^'^^  ^^  specific  amendments  thereof  made  during 


DUTIES  OF  THE  DEPARTMENT.  I  69 

tlie  43d  and  44th  Congresses.  The  Supplement  to  the  Re- 
vised Statutes  is  an  abridgment  of  Vols.  18,  19,  20,  21,  22, 
23,  24,  25,  and  26  of  the  Statutes  at  Large,  comprising 
all  the  laws  of  a  general  and  permanent  nature  passed  dur- 
ing the  43d,  44th^  45th,  46th,  47th,  48th,  49th,  50th,  and 
51st  Congresses. 

Payment  is  required  to  be  made  in  cash,  postal  notes,  or 
by  bank  drafts  on  banks  in  New  York  city  or  Washington, 
D.  C,  payable  to  the  order  of  the  "Disbursing  Clerk,  De- 
partment of  State."  Indh'idiial  checks  on  bauks  located 
outside  of  New  York  or  U^as/iiii^iitoii  can  not  be  accepted. 

The  books  will  be  sent  by  mail,  postage  free. 


Disbursing  Clerk. 

The  laws  are  prepared  for  the  printer  by  the 
Bureau  of  Rolls  and  Library.  The  functions 
of  this  Bureau  are  described  in  the  report  of  the 
Senate  investigating  committee:* 

The  rolls  division  is  charged  with  the  custody  of  the  laws 
and  treaties  of  the  United  States,  the  proclamations  of  the 
President,  the  files  and  records  of  the  several  International 
Claims  Commissions,  and  the  historical  archives  of  the 
nation. 


♦Methods  of  Business  in  the  Executive  Departments,  HI,  19  et  seq. 


170  DUTIES  OF  THE  DETARTMENT. 

The  lil)rary  division  is  charged  with  the  work  usual  to 
libraries,  the  care  and  distribution  of  the  larger  number  of 
the  publications  of  the  Department,  and  the  management 
of  the  publications  of  Congress  apportioned  to  the  De- 
partment. 

As  to  the  character  of  the  work  performed,  first,  in  the 
rolls  division,  the  first  duty  to  which  all  other  business 
gives  precedence  is  that  which  relates  to  the  promulgation 
and  exemplification  of  the  laws  of  the  United  States.  At 
times  of  special  stress,  following  the  close  of  each  session  of 
Congress,  when  the  larger  number  of  the  acts  and  reso- 
lutions are  received,  the  entire  force  of  the  Bureau,  so 
far  as  necessary,  is  employed  day  and  night  in  the  prepa- 
ration of  the  records,  of  the  copy  for  the  printer,  in  the 
revision  of  the  proof,  and  in  the  distribution  of  the  printed 
copies. 

The  laws  having  been  published  in  what  is  commonly 
called  "slip-form,"  the  work  of  preparing  the  matter  for 
publication  in  pamphlet  form  is  then  undertaken,  the  Chief 
of  the  Bureau  being  responsible  for  the  text  only  of  that 
publication. 

^i  ^c  ?ic  ^  't^ 

The  ordinary  business  of  llic  rolls  division,  which  is  in- 
terrupted only  for  a  few  weeks  during  the  execution  of  the 
work  in  publishing  the  laws  above  referred  to,  is  that  of 
preparing  the  treaties  of  the  United  States  for  publication ; 


DUTIES  OF  THE  DEPARTMENT.  I  7  i 

conducting  the  correspondence  relative  to  subjects  requir- 
ing searches  in  the  historical  archives  and  in  the  files  of  the 
International  Claims  Commissions,  and  the  indexing  of 
the  archives. 

^  *  *  >i;  :^ 

A  list  of  such  [books]  as  are  thought,  from  time  to  time, 
to  be  needed  is  sent  to  the  Assistant  Secretary  for  approval, 
and  such  as  meet  with  his  approval  are  then  ordered  of  the 
dealer  by  letter.  When  the  books  are  received  each  volume 
is  stamped  with  the  date  of  its  receipt,  a  number  assigned 
to  it,  and  the  volume  entered  in  a  register  of  accessions. 
The  full  title  of  the  work  is  then  copied  upon  cards  under 
an  author,  title  and  subject,  a  separate  card  being  used  for 
each.  The  size,  place,  and  date  of  its  publication,  the  pub- 
lisher, number  of  its  pages  and  illustrations,  the  date  of  its 
receipt,  from  whom  purchased  and  the  price  paid  for  it, 
such  price  when  in  foreign  money  being  converted  into  the 
American  equivalent,  are  also  recorded  upon  the  cards. 
The  volumes  are  then  arranged  in  the  library,  each  being 
assigned  its  proper  alcove  and  shelf.  ;f:  *  *  The  cards, 
when  made,  are  added  to  the  card  catalogue,  strict  alpha- 
betical order  being  preserved  in  their  arrangement.    *   *   * 

The  original  invoices  of  the  dealers  are  carefully  pre- 
served in  the  library  for  record,  an  itemized  voucher  for 
their  payment  being  made  out  in  the  library,  approved  by 
the  Assistant  Secretary,  sent  to  the  dealer  by  letter  for  sig- 


172  DUTIES  OF  THE  DEPARTMENT. 

nature  and  then  turned  over  to  the  Bureau  of  Accounts  for 
payment. 

In  building-  up  the  Lil)rary,  the  aim  has  been 
from  the  beginning  to  make  it  as  complete  a 
collection  of  publications  on  international  law, 
American  history,  and  foreign  countries  as  pos- 
sible. The  law  creating  the  Department  of 
State  prescribed  that  the  Secretary  should  pro- 
cure copies  of  the  laws  of  the  different  States, 
and  this  Act  has  never  been  repealed.  The 
Library  has  therefore  endeavored  to  preserve 
as  complete  sets  of  the  session  laws  of  the  States 
as  possible.'''  The  constant  purchase  for  years 
of  works  on  international  law  has  resulted  in 
the  largest  and  most  complete  collection  in  this 
country,  both  historically  and  in  the  sense  of 
current  publications. 

In  1887  was  published  the  first  nimiber  of  a 
"Catalogue  of  the  Works  Relative  to  the  Law 
of  Nations  and  Diplomacy  in  the  Library  of  the 

*It  must  be  admitted,  however,  that  this  object  has  never  been  fully  attained. 
The  Library  does  not  contain  complete  sets  of  these  laws,  nor  is  it  lielievfd  thai  they 
are  to  be  found  in  the  archives  of  all  the  Stales  themselves. 


DUTIES  OF  THE  DEPARTMENT.  173 

Department  of  State,"  which  was  followed  by 
"A  List  of  Books  Received  at  the  Library  of 
the  Department  of  State,  July  i -October  30, 
1886,  with  References  to  International  Treaties 
and  Articles  on  Subjects  Relative  to  the  Law 
of  Nations  and  Diplomacy  in  Magazines  Re- 
ceived During  the  Same  Period."  The  third, 
fourth,  and  fifth  issues  of  these  lists  included 
indexes  of  the  publications  of  the  second  session 
of  the  Forty-ninth  Congress  which  concerned 
the  Department  of  State.  These  publications 
were  discontinued,  owing  to  the  insufficient 
clerical  force  at  the  library's  disposal.  A  new 
series  has,  however,  been  recently  inaugurated, 
the  title  of  the  first  number  beincr  "A  List  of 
Books  and  Pamphlets  Received  at  the  Library 
of  the  Department  of  State,  by  Purchase,  Ex- 
change, and  Gift,  during  the  Period  from  May 
27,  1892,  to  October  i,  1892,  Supplemented  by 
a  List  of  Periodicals  and  Newspapers  Now  Cur- 
rently Received."  The  first  issue  appeared  in 
October,  1892. 


174  DUTIES  OF  THE  DEPARTMENT. 

As  the  repository  of  the  historical  records  of 
the  Government,  this  Bureau  has  in  its  custody 
the  principal  papers  relating  to  the  Revolution- 
ary War.  The  records  of  the  Continental  Con- 
gress were  turned  over  to  the  Secretary  of  State 
under  the  law  creating  the  Department  of  For- 
eign Affairs.  They  include  the  secret  journals, 
committee  reports,  letter  books,  etc. 

There  are  deposited  here,  also,  the  Decla- 
ration of  Independence,  Articles  of  Confedera- 
tion, and  the  Constitution  of  the  United  States, 
besides  all  the  treaties  made  by  this  Government 
with  foreign  powers.  In  1834,  by  Act  of  June 
2,0,  the  Secretary  of  State  was  authorized  to 
purchase  the  manuscript  papers  and  books  of 
George  Washington  for  ^25,000,  and  fifteen 
years  later  an  Act  (March  3,  1849)  appropriated 
^20,000  for  the  purchase  of  the  remainder  of 
the.  Washington  collection.  The  Act  of  May 
31,  1848,  added  the  Madison  papers,  bought 
for  5^25,000,  to  the  collection;  and  August  12 
of  that  year  ^20,000  was  appropriated  for  the 


DUTIES  OF  THE  DEPARTMENT.  175 

purchase  of  Jefferson's  manuscript  papers. 
March  3,  1849,  ^20,000  was  appropriated  for 
the  purchase  of  the  Monroe  papers.  All  of 
these  historical  papers  are  in  the  custody  of  the 
Bureau  of  Rolls  and  Library. 

All  payments  of  moneys  under  the  Depart- 
ment's control  are  under  the  supervision  of  the 
Bureau  of  Accounts.    It  is  described  as  follows :''' 

The  work  is  of  such  a  nature  as  to  require  separation 
into  three  distinct  divisions,  viz.: 

1 .  Matters  of  accounts  relating  to  the  Department  proper ; 

2.  Matters  relating  to  international  indemnities; 

3.  Examination  and  regulation  of  diplomatic  and  con- 
sular accounts. 

All  disbursements  on  account  of  the  Department  of 
State  are  made  by  the  Chief  of  this  Bureau,  who  is  the 
disbursing  clerk  of  the  Department. 

%  ^y.  %  sK  * 

The  accounts  of  ministers  for  salary  and  contingent  ex- 
penses, the  salary  accounts  of  secretaries  of  legation  and 
charges,  the  accounts  of  consuls  for  contingent  expenses, 
clerk  hire,  compensation  of  interpreters,  and  guard,  &c., 

♦Methods  of  Business  in  the  Executive  Departments,  \\\,  17  et  scij. 


176  DUTIES  OF  THE  DEPARTMENT. 

and  all  special  accounts  of  ministers  and  consuls  for  ex- 
penses incurred  in  jtursuance  of  special  authorization  or  by 
reason  of  emergencies  in  the  service,  are  required  to  be 
approved  by  the  Secretary  of  State  before  being  admitted 
to  settlement  by  the  accounting  officers  of  the  Treasury. 
The  Secretary's  approval  is  not  given  until  he  has  ascer- 
tained by  means  of  an  examination  in  this  Bureau  that  the 
accounts  are  in  every  detail  in  accordance  with  law  and 
regulations. 

The  entire  telegraphic  correspondence  of  the  Department 
of  State  is  conducted  by  the  clerks  of  this  Bureau.  '^  -'~  * 
The  greater  portion  of  these  messages  in  quantity,  though 
not  in  number,  is  in  cipher. 

This  Bureau,  as  we  have  seen  before,  is  also 
in  charge  of  the  distribution  of  the  Federal 
Laws,'^'  and  it  also  receives  whatever  funds 
come  from  the  issuance  of  passports. 

The  granting  of  passports  to  American  citi- 
zens for  their  protection  in  traveling  abroad 
was  a  function  which  fell  to  the  Government 
under  the  general  provisions  of  international 
law  as  soon  as  there  was  competent  authority 

*Ante,  p.  167. 


DUTIES  OF  THE  DEPARTMENT.  I  77 

for  the  purpose.  Naturally,  it  came  under  the 
supervision  of  the  Department  of  Foreign 
Affairs  and  afterwards  of  the  Department  of 
State,  but  for  some  years  it  was  not  wholly 
within  the  Department's  charge. 

The  treaty  of  1778  with  France  provided  for 
the  form  of  passport  to  be  given  by  the  two 
Governments  to  their  respective  vessels ;  but 
there  was  no  law  at  that  time  relative  to  the 
granting  of  passports  to  individuals,  nor  would  a 
passport,  if  issued,  have  proved  a  protection,  as 
no  power,  except  France,  had  as  yet  acknowl- 
edged the  independence  of  the  United  States. 

After  the  peace  passports  were  issued ;  and 
by  Act  of  Congress  approved  April  30,  1 790,  it 
was  provided  that,  if  any  person  should  violate 
a  sa(fe-conduct  or  passport  issued  under  the  au- 
thority of  the  United  States,  he  should,  upon 
conviction,  suffer  fine  and  imprisonment.  Pass- 
ports being  issued  only  to  American  citizens, 
the  Department  necessarily  required  some  evi- 
dence of  citizenship.     This  was  usually  a  certifi- 


178  DUTIES  OF  THE  DEPARTMENT. 

cate  of  a  notary  public ;  but  there  was  no  fixed 
rule,  nor  was  the  Department  the  only  authority 
which  issued  passports.  In  1835  the  Supreme 
Court  described  the  situation  thus : 

There  is  no  law  of  the  United  States,  in  any  manner 
regulating  the  issuing  of  passi)orts,  or  directing  upon  what 
evidence  it  may  be  done,  or  declaring  their  legal  effect. 
It  is  understood,  as  matter  of  practice,  that  some  evidence 
of  citizenship  is  required,  by  the  Secretary  of  State,  before 
issuing  a  passport.  This,  however,  is  entirely  discretionary 
with  him.* 

The  lack  of  legal  provision  on  the  subject  led 
to  gross  abuses,  and  "the  impositions  practiced 
upon  the  illiterate  and  unwary  by  the  fabrica- 
tion of  worthless  passports  "-|-  led  finally  to  the 
passage  of  the  Act  of  August  18,  1856.  This 
provided  that  the  Secretary  of  State  be  author- 
ized to  grant  and  issue  passports,  and  cause 
them  to  be  ijranted  and  verified  in  foreign  coun- 
tries  by  diplomatic  and  consular  officers  of  the 
United  States,  under  such  rules  as  the  President 

*9  Peters,  699. 

tOp.  Atty.  Gunl.,  IX,  350. 


DUTIES  OF  THE  DEPARTMENT.  I  79 

might  prescribe.  No  one  else  was  to  issue 
passports,  and  they  must  be  issued  to  none  but 
citizens  of  the  United  States.  There  was  to  be 
no  charge,  except  in  foreign  countries,  where 
the  fee  was  to  be  5^1.  Any  person  not  author- 
ized to  do  so  who  granted  a  passport  should, 
upon  conviction  of  the  offense,  be  deemed  guilty 
of  a  misdemeanor  and  fined  and  imprisoned. 
All  returns  of  passports  issued  abroad  were  to 
be  made  to  the  Secretary  of  State. 

Such  returns  had,  however,  been  made  from 
the  beginning;  but  it  is  probable  that  they  were 
not  made  regularly  or  by  all  our  agents  abroad 
who  granted  passports.  The  early  passports 
were  not  essentially  different  in  form  from  those 
now  used,  but  frequently  a  simple  certificate  of 
citizenship  was  made  to  do  duty  for  a  regular 
passport.     An  example  may  be  cited: 

William  Deas,  Charge  des  Affaires  of  the  United  States 
of  America  to  the  Court  of  Great  Britain. 

I  do  certify,  That  Samuel  Potts,  sixty  years  of  age,  Five 
feet  eight  inches  in  height,  blue  eyes,  ordy.  sized  mouth, 


I  So  DUTIES  OF  THE  DEPARTMENT. 

large  Nose,  high  Forehead,  bald,  fair  complexion,  gray  Hair 
and  long  Face — is  a  citizen  of  the  United  States  of  America 
and  as  such  is  entitled  to  all  privileges  to  that  character  be- 
longing. This  certificate  to  avail  during  the  Voyage  upon 
which  Mr.  Potts  is  on  the  point  of  embarking  for  the 
United  States. 

Given  under  my  Hand  and  the  Seal  of  the  Legation  at 
London  this  Twenty-seventh  day  of  October  1795. 

W"  Allen  Deas     [seal.] 

Copies  of  a  number  of  certificates  of  this 
character  are  among  the  Department  archives, 
together  with  the  letters  to  the  legations  asking 
for  them;  and  since  181 7,  John  Ouincy  Adams 
being  Secretary  of  State,  the  papers  relating  to 
the  issuance  of  passports  by  tlie  Department 
have  been  kept  systematically  and  separate  from 
the  other  correspondence. 

Although  the  Act  of  August  18,  1856,  cited 
above,  required  that  no  fee  be  charged  by  the 
Department  for  issuing  passports,  it  does  not 
appear  that  one  had  ever  been  charged,  except, 
perhaps,  the  notarial  fee  for  administering  oaths. 
The  Act  of  July  i,  1863,  was  the  lirst  one  es- 


DUTIES  OF  THE  DEPARTMENT.  l8l 

tablishing  a  passport  fee,  which  was  fixed  at  5^3. 
This  was  increased  to  ^5  by  Act  of  June  20, 
1864.  The  administering  of  the  oath  was  done 
by  a  regularly  qualified  person  having  authority 
to  administer  oaths  for  general  purposes,  but 
the  Act  of  February  3,  1870,  authorized  the 
Passport  Clerk  in  the  Department  to  adminis- 
ter oaths  and  affirmations  on  applications  for 
passports,  free  of  charge.  These  oaths  and 
affirmations  are  deemed  to  be  made  under  the 
pains  and  penalties  of  perjury.  The  passport 
fee  was  abolished  by  Act  of  July  14,  1870,  re- 
stored by  that  of  June  20,  1874,  and  reduced  by 
Act  of  March  23,  1888,  to  $1,  the  present  rate. 
The  system,  as  it  has  been  followed  by  the 
Department  under  the  law,  has  been  reduced 
to  three  classes  of  passports — the  ordinary 
passport,  the  special  passport,  and  that  given 
to  diplomatic  representatives  of  foreign  govern- 
ments in  their  transit  through  the  territory  of 
the  United  States.  The  ordinary  passports  are 
issued  to  citizens  of  the  United  States  upon  ap- 


I  82  DUTIES  OF  THE  DEPARTMENT. 

plication,  the  prescribed  form  of  which  for  na- 
tive citizens  is  as  follows  : 

[  Edition  of  1889.] 

No.  .  Issued . 

United  States  of  America. 


State  of 

County  of 

I,  ,  a  Native  and  Loyal  Citizen  of  the 

United  States,  hereby  apply  to  the  Department  of  State, 
at  Washington,   for  a  passport  for  myself,  accompanied 

by ,  as  follows : ,  born  at ,  on 

the day  of ,  i8 — ,  and ■ ■. 

I  solemnly  swear  that  I  was  born  at ,  in  the  State 

of  ,  on  or  about  the day  of  ■ ,  i8 — ; 

that  my  father  is  a citizen  of  the  United  States  ; 

that  I  am  domiciled  in  the  United  States,  my  permanent 

residence  being  at ,  in  the  State  of ,  where  I 

follow  the  occupation  of  ;   that  I  am  about  to  go 

abroad   temi)orarily ;  and  that   I  intend  to  return  to  the 

United   States  ,   with  the  purpose  of  residing  and 

performing  the  duties  of  citizenship  therein. 

OATH    OF    allegiance. 

r^irther,  I  do  solemnly  swear  that  I  will  support  and  de- 
fend the  Constitution  of  the  United  States  against  all  ene- 


DUTIES  OF  THE  DEPARTMENT.  I  83 

mies,  foreign  and  domestic ;  that  I  will  bear  true  faith  and 
allegiance  to  the  same;  and  that  I  take  this  obligation 
freely,  without  any  mental  reservation  or  purpose  of  eva- 
sion :   So  help  me  God. 

Sworn  to  before  me  this day  of ,  18 — . 

Notary  Public. 

DESCRIPTION    OF    APPLICANT. 

Age:  years.  Mouth:   . 

Stature  :  —  feet  —  inches,  Eng.  Chin : . 

Forehead:   .  Hair: . 

I?ygg  .   Complexion : . 

Nose:  .  Face: . 

IDENTIFICATION. 

,    18—. 


I  hereby  certify  that  I  know  the  above-named 

personally,  and  know  him  to  be  a  native-born  citi- 


zen of  the  United  States,  and  that  the  facts  stated  in  his 
affidavit  are  true  to  the  best  of  my  knowledge  and  belief. 


[  Address  of  witness  ] 


Applicant  desires  passport  sent  to  following  address: 


184  DUTIES  OF  THE  DEPARTMENT. 

The  form  for  a  naturalized  citizen  is  as  fol- 
lows: 

[  Edition  of  1889. J 

No. .  Issued . 


UNrrED  States  of  America. 


State  of 

County  of 

I, ,  a  Naturalized  and  Loyal  Citizen  of 

the  United  States,  hereby  apply  to  the  Department  of 
State,  at  Washington,  for  a  passport  for  myself,  accompa- 
nied   by ,    as    follows : ,    born    at 

,  on  the day  of ,  i8 — ;  and 


I  solemnly  swear  that  I  was  born  at ,  on  or  about 

the day  of ,  i8 — ;   that  I  emigrated   to  the 

United  States,  sailing  on  board  the ,  from , 

on  or  about  the day  of ,  i8 —  ;  that  I  re- 
sided   years,  uninterruptedly,  in  the  United  States, 

from to ,  at ;  that  I  was  naturalized 

as  a  citizen  of  the  United  States  before  the Court 

of ,  at ,  on  the day  of  — — — ,  i8 — , 

as  shown  by  the  accompanying  certificate  of  naturalization ; 
that  I  am  the  identical  person  described  in  said  certificate  : 
that  I  am   domiciled   in  the  United    States,  my  permanent 


DUTIES  OF  THE  DEPARTMENT  185 

residence  being  at ,  in  the  State  of ,  where  I 

follow  the  occupation  of ;  that  I  am  about   to  go 

abroad   temporarily  ;  and  that  I   intend  to  return  to  the 

United   States ,  with   the  purpose  of  residing  and 

performing  the  duties  of  citizenship  therein. 

This  is  followed  by  the  oath  of  alleg-iance,  de- 
scription, and  identification  of  the  applicant,  as 
in  the  case  of  a  native-born  citizen. 

The  blank  for  a  person  claiming  citizenship 
through  naturalization  of  husband  or  parent  is 
as  follows  : 

[Edition  of  1889.] 

No.  .  Issued . 


United  States  of  America. 


State  of 

County  of  

I, ,  a  Naturalized  and  Loyal  Citizen  of  the 

United  States,  hereby  ai)ply  to  the  Department  of  State, 
at  Washington,  for  a  passport  for  myself,  accompanied  by 

my  wife, ,  and  minor  children,  as  follows: 

,   born    at ,  on    the day    of 

,  18 — ;  and . 


1 86  DUTIES  OF  THE  DEPARTMENT. 

I  solemnly  swear  that  I  was  born  at on  or  about 

the day  of ,  1 8 — ;  that  my emigrated 

to  the  United  States,  sailing  on  board  the ,  from 

,  on  or  about  the day  of ,  i8 — ;  that 

he  resided  years,  uninterruptedly,  in  the  United 

States,  from to ,  at ;  that  he  was  nat- 
uralized as  a  citizen  of  the  United  States  before  the 

Court  of ,  at ,  on  the day  of , 

1 8 — ,  as  shown  by  the  accompanying  certificate  of  naturali- 
zation ;   that  I  am  the of  the  person  described  in 

said  certificate;  that  I  have  resided  in  the  United  States, 

uninterruptedly,  for years,  from to , 

at ;  that  I  am  domiciled  in  the  United  States,  my 

permanent    residence   being   at ,  in    the    State   of 

,  where  I  follow  the  occupation  of ;   that  I 

am   about  to  go  abroad  temporarily;    and  that  I  intend 

to  return  to  the  United  States with  the  purpose  of 

residing  and  performing  the  duties  of  citizenship  therein. 

The  oath  of  allegiance,  description  of  appli- 
cant, and  identification  are  the  same  as  in  the 
other  forms. 

The  regulations  governing  the  issuance  of 
passports  are  set  forth  in  the  following — 


DUTIES  OF  THE  DEPARTMENT.  I  87 

General  Instructions  in  Regard  to  Passports — 1889. 

Department  of  State, 

Washmgton,  D.  C. 

Passports  are  issued  only  to  citizens  of  the  United 
States,  upon  application,  supported  by  proof  of  citizen- 
ship. Citizenship  is  acquired  by  birth,  by  naturalization, 
and  by  annexation  of  territory.  An  alien  woman  who 
marries  a  citizen  of  the  United  States  thereby  becomes  a 
citizen.  Minor  children  resident  in  the  United  States 
become  citizens  by  the  naturalization  of  their  father. 

When  the  applicant  is  a  native  citizen  of  the  United 
States  he  must  transmit  his  own  affidavit  of  this  fact, 
stating  his  age  and  place  of  birth,  with  the  certificate  of 
one  other  citizen  of  the  United  States  to  whom  he  is  per- 
sonally known,  stating  that  the  declaration  made  by  the 
applicant  is  true.  The  affidavit  must  be  attested  by  a 
notary  public,  under  his  signature  and  seal  of  office.  When 
there  is  no  notary  in  the  place  the  affidavit  may  be  made 
before  a  justice  of  the  peace  or  other  officer  authorized  to 
administer  oaths;  but  if  he  has  no  seal,  his  official  act 
must  be  authenticated  by  certificate  of  a  court  of  record. 
A  person  born  abroad  who  claims  that  his  father  was  a 
native  citizen  of  the  United  States  must  state  in  his  affi- 
davit that  his  father  was  born  in  the  United  States,  has 
resided  therein,  and  was  a  citizen  of  the  same  at  the  time 


1 88  DUTIES  OF  THE  DEPARTMENT 

of  the  applicant's  birth.  This  affidavit  must  be  supported 
by  that  of  one  other  citizen  acquainted  with  the  facts. 

If  the  applicant  be  a  naturalized  citizen,  his  certificate 
of  naturalization  must  be  transmitted  for  inspection  (it 
will  be  returned  with  the  passport),  and  he  must  state  in 
his  affidavit  that  he  is  the  identical  person  described  in  the 
certificate  presented.  Passports  can  not  be  issued  to  aliens 
who  have  only  declared  their  intention  to  become  citizens. 
Military  service  does  not  of  itself  confer  citizenship.  A 
person  of  alien  birth,  who  has  been  honorably  discharged 
from  military  service  in  the  United  States,  but  who  has  not 
been  naturalized,  should  not  transmit  his  discharge  paper  in 
application  for  a  passport,  but  should  apply  to  the  proper 
court  for  admission  to  citizenship,  and  transmit  the  certifi- 
cate of  naturalization  so  obtained.  The  signature  to  the 
application  and  oath  of  allegiance  should  conform  in 
orthography  to  the  applicant's  name  as  written  in  the  nat- 
uralization paper,  which  the  Department  follows. 

Every  applicant  is  required  to  state  his  occupation  and 
the  place  of  his  permanent  legal  residence,  and  to  declare 
that  he  goes  abroad  for  temporary  sojourn  and  intends  to 
return  to  the  United  States  with  the  purpose  of  residing 
and  performing  tlie  duties  of  citizcnshij)  therein. 

The  wife  or  widow  of  a  naturalized  citizen  must  trans- 
mit the  naturalization  certificate  of  the  husband,  stating 
in  her  affidavit  that  she  is  the  wife  or  widow  of  the  i)erson 


DUTIES  OF  THE  DEPARTMENT.  I  89 

described  therein.  The  children  of  a  naturalized  citizen, 
claiming  citizenship  through  the  father,  must  transmit  the 
certificate  of  naturalization  of  the  father,  stating  in  their 
affidavits  that  they  are  children  of  the  person  described 
therein,  and  were  minors  at  the  time  of  such  naturalization. 

The  oath  of  allegiance  to  the  United  States  will  be  re- 
quired in  all  cases. 

The  application  should  be  accompanied  by  a  description 
of  the  person,  stating  the  following  particulars,  viz:  Age, 
years;  stature,  feet inches  (English  meas- 
ure); forehead, ;  eyes, ;  nose, ;  mouth, ; 

chin, ;  hair, ;  complexion, ;  face,  . 


If  the  applicant  is  to  be  accompanied  by  his  wife,  minor 
children,  or  servants,  it  will  be  sufficient  to  state  the  names 
and  ages  of  such  persons  and  their  relationship  to  the  ap- 
plicant, when  a  single  passport  for  the  whole  will  suffice. 
For  any  other  person  in  the  party  a  separate  passport  will 
be  required.  A  woman's  passport  may  include  her  minor 
children  and  servants. 

By  act  of  Congress  api^roved  March  23,  1888,  a  fee  ot 
one  dollar  is  required  to  be  collected  for  every  citizen's 
passport.  That  amount  in  currency  or  postal  note  should 
accompany  each  application.  Orders  should  be  payable 
to  the  Disbursing  Clerk  of  the  Department  of  State.  Drafts 
or  checks  are  inconvenient  and  undesirable. 

A  passport  is  good  for  two  years  from  its  date  and  no 


190  DUTIES  OF  THE  DEPARTMENT. 

longer.  A  new  one  may  be  obtained  l)y  stating  the  date 
and  number  of  the  old  one,  paying  the  fee  of  one  dollar, 
and  furnishing  satisfactory  evidence  that  the  applicant  is  at 
the  time  within  the  United  States.  The  oath  of  allegiance 
must  also  be  transmitted  when  the  former  passport  was 
issued  prior  to  1861. 

Citizens  of  the  United  States  desiring  to  obtain  pass- 
ports while  in  a  foreign  country  must  apply  to  the  chief 
diplomatic  representative  of  the  United  States  in  that 
country,  or,  in  the  absence  of  a  diplomatic  re])resentative, 
then  to  the  consul-general,  if  there  be  one,  or,  in  the  ab- 
sence of  both  the  officers  last  named,  to  a  consul.  Pass- 
ports can  not  be  lawfully  issued  by  State  authorities,  or  by 
judicial  or  municipal  functionaries  of  the  United  States. 
(Revised  Statutes,  section  4075.)  To  persons  wishing  to 
obtain  passports  for  themselves  blank  forms  of  application 
will  be  furnished  by  this  Department  on  request,  stating 
whether  the  applicant  be  a  native  or  a  naturalized  citizen, 
or  claims  citizenship  through  the  naturalization  of  liusband 
or  parent.  Forms  are  not  furnished,  except  as  samples,  to 
those  who  make  a  business  of  procuring  passports. 

Communications  should  be  addressed  to  the  Department 
of  State,  indorsed  "  Passport  Division,"  and  each  commu- 
nication should  give  the  post-office  address  of  the  person 
to  whom  the  answer  is  to  be  directed.  Professional  titles 
will  not  be  inserted  in  passports. 


DUTIES  OF  THE  DEPARTMENT. 


191 


The  ordinary  passport  is   made  out  on  the 
folio  win  o-  blank: 

o 

Good  only  for  two  years  from  date. 

United  States  ok  America, 
department  of  state, 

'lo  all  to  whom  these  presents  shall  come  Greeting  : 

I,  the  undersigned,   Secretary  of  State  of  the   United 
States  of  America,  hereby  request 
all  whom    it    may   concern   to 
permit ,  a  Citi- 
zen of  the  United  States 


DESCRIPTION, 

Years 


Age  — 

Stature  — ■  Feet  —  Inches  Eng 

Forehead . 

Eyes . 

Nose  . 

Mouth . 

Chin . 

Hair . 


Complexion 
Face 


Signature  of  the  Bearer. 


safely  and  freely  to  pass,  and  in 

case  of  need  give all 

lawful  Aid  and  Protection. 

Given  under  my  hand  and 
the  Seal  of  the  Depart- 
ment  of  State,  at  the 
City  of  Washington, 

[seal.]     the day  of 

in  the  year  18 —  and 
of  the  Independence 
of  the  United  States 
the  one  hundred . 


No. 


192 


DUTIES  OF  THE  DEPARTMENT. 


The  Special  passport  is  issued,  by  order  of 
the  Secretary  of  State,  to  officers  of  the  Govern- 
ment and  distinguished  citizens,  the  form  being : 

No.  . 

(Special  passport.) 

United  States  of  America, 

department  of  state, 

To  all  to  whom  these  presents  shall  come,  Greeting: 

Know  Ye,  that  the  bearer  hereof, ,  [where 

he  will  travel]. 

These  are  therefore  to  request  all  whom  it  may  concern 

to  permit to  pass  freely,  without  let  or  molestation, 

and  to  extend  to all  such  friendly  aid  and  protec- 
tion, as  would  be  extended  to  like of  Foreign  Gov- 
ernments resorting  to  the  United  States. 

In  testimony  whereof,  I ,  Secretary 

of  State  of  the  United  States  of  America,  have 
hereunto  set  my  hand  and  caused  the  Seal  of 
[seal.]     the  Department  of  State  to  be  affixed  at  Wash- 
ington, this day  of ,  A.  D.  18 — , 

and  of  the  Independence  of  the  United  States 
of  America,  the . 

The  passports  issued  to  foreign  diplomatic 
representatives  traveling  through   the   United 


DUTIES  OF  THE  DEPARTMENT.  I  93 

States  are  granted  as  a  mark  of  courtesy,  and 
request  "all  officers  of  the  United  States  or  of 
any  State  thereof,  whom  it  may  concern,  to  per- 
mit to  pass  freely,  without  let  or  molestation, 
and  to  extend  friendly  aid  and  protection  in  case 
of  need  "  to  the  person  or  persons  named. 

The  greater  part  of  the  Department  business 
relative  to  passports  has  always  been  in  the 
hands  of  some  clerk  especially  adapted  to  per- 
form the  work,  and  is  now  in  charge  of  the  Pass- 
port Bureau,  of  which  the  Passport  Clerk  is  the 
head.  He  receives  the  returns  of  foreign  pass- 
ports, the  applications  and  fees,  conducts  what- 
ever correspondence  is  necessary,  and  issues 
the  passports,  subject  to  the  instructions  of  his 
superior  officers.  At  the  close  of  each  day  he 
transfers  whatever  moneys  may  have  come  into 
his  hands  to  the  disbursing  officer  of  the  De- 
partment and  receives  a  receipt  therefor.  Each 
passport  is  numbereci,  and  a  record  kept  of  its 
number  and  of  the  name  of  the  person  to  whom 
it  is  issued.     The  applications  and  the  corre- 


194  DUTIES  OF  THE  DEPARTMENT. 

spondence  are  filed  chronologically.  The  mon- 
eys received  are  transferred  by  die  disbursing- 
officer  of  die  Department  to  the  Treasury  De- 
partment, and  credited  to  the  fund  "Miscella- 
neous Accounts." 

The  Passport  Bureau  also  has  the  custody  of 
the  Department  seal,  and  affixes  it  to  such  doc- 
uments as  require  it,  principal  among  which  are 
commissions  to  consular  officers  who  are  not 
appointed  by  the  President,  and  authentication 
of  public  acts. 

Before  reaching  any  other  bureau,  all  mail 
coming  to  the  Department  is  received  and 
opened  in  the  Bureau  of  Indexes  and  Archives. 
The  routine  of  that  Bureau  is  as  follows  -.'^ 

The  mail  of  the  Department  is  received  in  the  Bureau 
each  morning  from  the  mail  clerk  and  distributed  among 
the  different  index  clerks.  The  diplomatic  index  clerk 
takes  all  correspondence  received  from  United  States  diplo- 
matic officers  abroad,  from  foreign  ministers  accredited 
to  this  country  and  from  foreign  sovereigns  and  secretaries 
of  state ;  the  consular  index  clerk,  all  correspondence  from 

*  Methods  of  liusincss  in  the  Executivi;  Dcpartiucnts,  III,  12  f^  scq. 


DUTIES  OF  THE  DEPARTMENT.  I  95 

American  consular  officers  abroad  and  from  foreign  con- 
sular officers  in  the  United  States  ;  the  miscellaneous  index 
clerk,  all  other  communications,  including  those  from  Con- 
gress, the  Executive  Departments,  and  from  private  indi- 
viduals and  corporations.  The  communications  are  then 
opened  by  the  proper  index  clerk,  carefully  read  and  full 
abstracts,  under  appropriate  "  catch  words  "  made  in  large 
books  labeled,  respectively  "diplomatic,"  "consular,"  and 
* '  miscellaneous  register  " —  To  fhe  Dcpartineuf.  These  reg- 
isters are  arranged  under  convenient  heads,  and  from  them 
the  writer,  the  subject,  or  the  date  being  known,  any  com- 
munication can  be  found  and  its  contents  fully  noted. 

The  incoming  mail  being  thus  daily  indexed  as  soon  as 
received,  is  sent  to  the  Chief  Clerk     *     *     *. 

The  letters  written  by  the  Department  are,  in  turn,  after 
being  signed  by  the  Secretaries,  sent  to  the  Index  Bureau, 
where  they  are  carefully  read  by  the  chief  and  the  index 
clerks,  and  full  abstracts  entered  in  a  set  of  books  corre- 
sponding to  the  incoming  registers,  which  are  labeled 
"/vw;/  the  Department.^'' 

After  being  indexed  the  outgoing  mail  is  sent  to  the 
Bureau  from  which  it  emanates,  where  it  is  press-copied 
and  sent  to  its  destination. 

Press-copies  are  then  sent  to  the  Index  Bureau,  where 
they  are  distributed  among  the  diplomatic,  consular,  and 
miscellaneous  recording  clerks,  who  copy  them  into  blank 


196  DUTIES  OF  THE  DEPARTMENT. 

books,  which  become  the  permanent  records  of  the  Depart- 
ment. The  press-copies  are  for  a  certain  number  of  years 
kej)!  for  convenient  reference  and  are  then  carefully  stored 
away,  it  being  the  practice  of  the  Department  to  destroy 
none  of  its  records  of  whatever  nature. 

•^  ;,k  -^  %  ^; 

To  return  to  the  incoming  mail,  which  we  have  seen  has 
now  been  indexed  and  answered.  This  is  again  returned 
to  the  Index  Bureau,  where  it  is  filed  in  pigeon-holes  con- 
veniently arranged  for  ready  reference.     The  pigeon-holes 

are  532  in  number. 

%  -)(.  -^  -i^.  ^^ 

As  soon  as  the  pigeon-holes  contain  a  sufficient  num- 
ber of  communications,  the  communications  are  arranged 
chronologically  in  their  proi)er  divisions  and  bound  in 
book  form.  There  are  numerous  series  of  volumes ;  one 
for  each  American  Legation  abroad,  one  for  each  foreign 
legation  in  this  country,  one  for  each  consulate,  &c.  The 
miscellaneous  letters  make  a  series  of  volumes  by  them- 
selves. 

All  of  the  routine  work  of  the  Department 
is  immediately  under  the  supervision  of  the 
Chief  Clerk.  His  duties  were  defined  in  the 
report  of  the  Senate  Committee  as  follows : ''' 

* Mvlliods  of  liiisilicss  in  llie  Kxccutivc  I  JcpartinciUs,  \\\,  i,  et  seq. 


DUTIES  OF  THE  DEPARTMENT.  197 

Hie  Chief  Clerk  of  tlie  Department  of  State  is  its  ex- 
ecutive officer  under  the  direction  of  the  Secretary  of  State. 
He  has  the  general  supervision  of  the  clerks  and  employes 
and  of  the  business  of  the  Department.     -^     *     * 

After  the  daily  mail  is  received  at  the  Department, 
opened,  and  indexed  in  the  index  room,  -^^  *  *  it  is 
placed  upon  the  Chief  Clerk's  desk,  read  by  the  Chief 
Clerk,  and  distributed  among  the  Assistant  Secretaries  for 
their  action.  During  the  day  the  Chief  Clerk  receives  and 
transacts  the  business  of  all  persons  having  interests  con- 
nected with  the  Department  of  State,  other  than  those 
whose  business  is  of  such  a  character  as  to  require  the  per- 
sonal hearing  of  the  Secretary  of  State  or  the  Assistant 
Secretaries.  *  *  *  After  the  several  Assistant  Secre- 
taries have  given  (usually  by  written  memorandum)  their 
directions  as  to  what  action  is  to  be  taken  by  the  Depart- 
ment upon  the  various  written  communications  addressed 
to  it,  the  mail  is  returned  to  the  Chief  Clerk's  desk,  and 
again  by  him  distributed  to  the  Bureaus  charged  with  the 
execution  of  the  Assistant  Secretaries'  instructions. 

In  the  afternoon  the  mail  prepared  for  the  signature  of 
the  Secretary  or  the  Assistant  Secretaries,  and  embodying 
the  latter's  instructions,  is  delivered  to  the  Chief  Clerk,  by 
him  read  carefully,  and  sent  to  the  Secretary,  or  distributed 
among  the  Assistant  Secretaries,  for  whose  signature  it  is 
prepared.     The  Chief  Clerk  is,  besides,  constantly  ready 


198  DUTIES  OF  THE  DEPARTMENT. 

to  answer  the  call  of  the  Secretary  or  Assistant  Secretaries, 
and  inquiries  from  cliiefs  of  ]5ureaus  or  clerks,  when  more 
particular  directions  are  asked  as  to  the  disposition  of  work. 
It  is  for  the  Chief  Clerk  to  generally  supervise  the  sending 
of  the  foreign  mails  from  the  Department,  and  to  guard 
the  privacy  of  the  closed  pouches,  and  to  enforce  disci- 
pline in  matters  looking  to  the  efficiency  of  the  laborers 
and  inuring  to  the  general  comfort  of  the  occupants  of  the 
building. 


VI. 

BUILDINGS  OCCUPIED  BY  THE  DEPARTMENT. 

npHE  first  meeting  place  of  the  Congress, 
where  the  plan  for  the  conduct  of  our  for- 
eign affairs  was  first  taken  into  consideration, 
was  Carpenters'  Hall,  a  building  which  had  been 
constructed  for  the  Society  of  House  Carpen- 
ters, of  Philadelphia.  It  stands  at  the  end  of 
an  alley,  south  from  Chestnut  street,  between 
Third  and  Fourth  streets.  The  lower  floor, 
consisting  of  one  large  room,  was  occupied  by 
the  Congress,  and  the  rooms  in  the  second  story 
by  committees.  From  Carpenters'  Hall  the 
Government  went  to  what  has  ever  since  been 
known  as  Independence  Hall. 

As  soon  as  the   Department  of  Foreign   Af- 
fairs was  organized  under  Livingston,  it  took 

possession   of  a  small   house   in    Philadelphia, 

199 


200  BU/LDI.VGS   OCCUPIED. 

owned  by  Peter  L.  Du  Ponceau,  No.  13  South 
Sixth  street,  on  the  eastern  side.  Livingston's 
office  was  in  the  front  room  of  the  second  floor, 
and  in  the  back  room  were  the  Under  Secreta- 
ries, while  the  clerks  and  interpreters  occupied 
the  room  on  the  crround  floor.  This  buildincr 
was  demolished  in  1846.  It  was  occupied  as 
the  Office  of  Foreijjn  Affairs  from  the  latter 
part  of  1 781  up  to  June,  1783,  when  the  De- 
partment was  practically  suspended  until  Jay 
took  control  of  it  in  1785. 

In  January,  1785,  the  seat  of  g-overnment 
being  moved  to  New  York,  the  Department  of 
Foreign  Affairs  found  quarters  in  the  famous 
Fraunce's  Tavern,  in  the  long  room  of  which 
Washington  had  taken  farewell  of  the  generals 
of  the  Revolution  at  the  close  of  the  war.  Here 
it  remained  till  i  788,  when  it  moved  to  the  west 
side  of  Broadway,  in  a  house  owned  by  Philip 
Livingston,  near  the  Battery.  Later  it  was 
moved  to  another  house  on  the  same  street  on 
the  o[)posite  side. 


BUILDINGS  OCCUPIED.  20I 

The  capital  having-  been  again  located  at  Phil- 
adelphia, the  Department  took  up  its  abode  first 
on  Market  street,  then  on  the  southeast  corner 
of  Arch  and  Sixth  streets,  then  in  North  Alley, 
and  finally  at  the  northeast  corner  of  Fifth  and 
Chestnut  streets,  where  it  remained  until  it  was 
moved  to  Washington,  except  for  an  interval  of 
three  months  from  August  to  November,  1 798, 
when  it  occupied  the  State  House  at  Trenton, 
N.  J.,  the  office  being  moved  from  Philadelphia 
on  account  of  an  epidemic  of  yellow  fever. 

On  June  i,  1800,  the  archives  were  lodged 
in  the  Treasury,  the  only  building  sufficiently 
completed  to  receive  them,  and  August  27  were 
placed  in  one  of  the  "six  buildings"  on  Penn- 
sylvania avenue  and  Twentieth  street.  In  May, 
1 80 1,  the  offices  were  placed  in  the  large  brick 
building  on  Seventeenth  street,  opposite  G 
street,  known  as  the  War  Office,  and  here  it 
remained  up  to  December,  18 19,  with  an  in- 
terval from  September,  18 14,  to  i\pril,  181 6, 
when  it  occupied  a  building  on  the  south  side  of 


202  BUILDINGS   OCCUPIED. 

G  Street,  near  Eighteenth,  pending-  the  repair 
of  its  former  building,  which  had  been  demol- 
ished in  the  invasion  of  the  city  by  the  British 
troops. 

In  January,  1820,  the  offices  were  moved  to 
the  corner  of  Fifteenth  street  and  Pennsylvania 
avenue,  the  site  now  covered  by  the  north  wing 
of  the  United  States  Treasury,  and  there  it  re- 
mained up  to  October,  1866,  when  it  leased  the 
premises  then  belonging,  as  now,  to  the  Wash- 
ington Orphan  Asylum,  on  Fourteenth  street, 
near  S  street.  It  remained  there  until  July, 
1875,  when  it  was  removed  to  its  present  quar- 
ters, which  constitute  the  south  wing  of  the 
State,  War,  and  Navy  Building. 


VII. 

SECRETARIES  FOR  FOREIGN  AFFAIRS  AND  SEC- 
RETARIES OF  STATE. 

nr^HE  following  have  been  the  actual  incum- 
bents of  the  office  of  Secretary  for  Foreign 
Affairs  and  Secretary  of  State : 

Robert  R.  Livingston,  New  York,  Secretary  for  Foreign 
Affairs* — September  23,  1781,  to  June  4,  1783. 

John  Jay,  New  York,  Secretary  to  the  United  States  of 
America  for  the  Department  of  Foreign  Affairs  f — Sep- 
tember 21,  1784,  to  September  15,  1789,  when  the  De- 
partment of  State  was  organized. 

John  Jay,  New  York,  Secretary  of  State  by  continuance — 
September  15,  1789,  to  September  26,  1789. J 

Thomas  Jefferson,  Virginia — September  26,  1789. 

Edmund  Randolph,  Virginia — January  2,  1794. 

*  Resolutions  of  Congress,  February  22,  1782,  changed  the  title  to  "Secretary  to 
the  United  States  of  America  for  the  Department  of  Foreign  Affairs  "  (p.  26). 

f  A  resolution  of  Congress  of  February  11,  1785,  gave  the  title  "  Secretary  for  the 
Department  of  Foreign  Affairs"  (p.  36),  and  it  was  so  called  after  the  adoption  of  the 
Constitution  (p.  48). 

J  See  pp.  58  and  67. 

203 


2  04  ■S^  C/v'^  TA  RIES. 

TiMOiHv  Pickering,  Pennsylvania — December   lo,  1795. 

John  Marshall,  Virginia — May  13,  iSoo. 

James  Madison,  Virginia — March  5,  1801. 

Robert  Smith,  Maryland — March  6,  1809. 

James  Monroe,  Virginia — Ai)ril  2,  181 1. 

James  Monroe — reappointed  February  28,  1815. 

John  Q.  Adams,  Massachusetts — March  5,  181  7. 

Henry  Clay,  Kentucky — March  7,  1825. 

Martin  Van  Buren,  New  York — March  6,  1829. 

Edward  Livin(;ston,  Louisiana— May  24,  1831. 

Louis  McLane,  Delaware — May  29,  1833. 

John  Forsyth,  Georgia — June  27,  1834. 

Daniel  Webster,  Massachusetts — March  5,  1841. 

HuoH  S.  Legare,  South  Carolina — May  9,  1843. 

Abel  P.  Upshur,  Virginia — July  24,  1843. 

John  Nelson,  Maryland  (acting) — February  29,  1844. 

John  C.  Calhoun,  South  Carolina — March  6,  1844. 

James  Buchanan,  Pennsylvania — March  6,  1S45. 

John  M.  Clayton,  Delaware — March  7,  1849. 

Daniel  Webster,  Massachusetts— July  22,  1850. 

Edward  Everett,  Massachusetts — November  6,  1852. 

William  L.  Marcy,  New  York — March  7,  1853. 

Lewis  Cass,  Michigan — March  6,  1857. 

Jeremiah  S.  Black,  Pennsylvania — December  17,  i860. 

William  H.  Seward — New  York,  March  5,  1861. 

Elihu  B.  Washburne,  Illinois — March  5,  1869. 


SECRETARIES. 


205 


Hamilton  Fish,  New  York — March  11,  1869. 
Hamilton  Fish — reappointed  March  17,  1873. 
William  M.  Evarts,  New  York — March  12,  1877. 
James  G.  Blaine,  Maine — March  5,  1881. 
Frederick  T.  Frelinghuysen,  New  Jersey — December  12, 

1881. 
Thomas  F.  Bayard,  Delaware — March  6,  1SS5. 
James  G.  Blaine,  Maine — March  5,  1889. 
John  W.  Foster,  Indiana — June  29,  1892. 
Walter  Q.  Gresham,  Illinois — March  6,  1893. 


INDEX. 


Accounts,  Bureau  of.     (^See  Bureau 

of  Accounts.) 
Adams,  John,  5,  8,  19,  t,^^  41,  43- 
Adams,  John  Q.,  135,151, 180,204. 
Address  to  King,  I. 
Alden,  Roger,  59,  60,  63,  64. 
Algiers,  Consuls  to,  69. 
Arguelles,  108. 
Armorial  achievement,  seal  of  the 

United  States,  loo. 
Articles  of  Confederation,  18. 

Barbary  Coast,  Consuls  to,  69. 

Baring  &  Co.,  73. 

Bayard,  Thomas  F.,  205. 

Benson,  51. 

Berlin,  Commissioner  to,  6. 

Biennial  register,  87. 

Bills  on  Europe,  purchase  of,  72 . 

Bioren  &  Co.,  158. 

Bioren,  Duane  &  Weightman,  157. 

Birch,  Joseph,  73. 

Black,  Jeremiah  S.,  204. 

Blaine,  James  G.,  205. 

Blue  Book,  87. 

Bollan,  William,  2. 

Book  of  American  letters,  40. 

Book  of  foreign  commissions,  40. 


Book  of  foreign  letters,  39. 

Books  for  Library,  how  purchased, 
171. 

Boudinot,  Elias,  44. 

Branch,  John,  68. 

Brown,  39. 

Buchanan,  James,  204. 

Buildings  occupied  by  the  Depart- 
ment of  State,  199. 

Bureau     of     Accounts,    96,     167, 

175- 

Bureau  of  Commissions  and  Par- 
dons, 97,  116,  129. 

Bureau  of  Indexes  and  Archives, 
94,  194. 

Bureau  of  Rolls  and  Library,  94, 
152,  169. 

Bureau  of  Statistics,  95,  152. 

Burke,  Edmund,  2. 

Cadwalader,  John  L.,  137. 
Calhoun,  John  C,  204. 
Campbell,  Levin  IL,  S3. 
Carmichael,  William,  34. 
Carpenters'  Hall,  i,  199. 
Cass,  Lewis,  204. 
Catalogues  of  Library,  172. 
"Cattle  and  Dairy  Farming,"  149. 


208 


INDEX. 


Census  enumeration,  84. 
Chief  Clerk : 

Compensation,  61,  93. 

Duties  of,  196. 

First,  64. 

Office  of,  89. 

Provided  for,  46. 
Clay,  Henry,  135,  204. 
Clayton,  John  M.,  204. 
Clerks  in  Department  of  State,  89, 

91. 
Clymer,  31. 

Commercial  Digest,  151. 
Commercial  Relations,  149,  152. 
Commissions  and  Pardons,  Bureau 
of.     (^See  Bureau  of  Commissions 
and  Pardons.) 
Commissions,  how  signed,  100. 
Committee  of  Foreign  Affairs :' 

Formed,  7. 

Functions  of,  8,  12,  14. 
Committee   of  Secret  Correspond- 
ence, 66. 
Compensation : 

Consuls,  69. 

Ministers,  68. 

Officers  of  the  Department 
of  State,  89. 
Confederation,  Articles  of,  31, 174. 
Congressional  Library,  157. 
Connecticut,  agent  of,  2. 
Constitution  of  the   United  States, 

174. 
Consular  Bureau,  94,  138. 
Cdnsular  Regulations,  140. 


Consular  Reports,  144-147. 
Consuls,  14,  69,  105,  138. 
Copyright,  83. 
Craig,  Dr.  John  D.,  82. 
Cutting,  Captain,  73. 

Dana,  J.  F.,  1 9,  34,  41. 
Deane,  Silas,  4,  5,  9,  41. 
Declaration  of  Independence,  174. 
Department  of  Foreign  Afiairs  : 

Act  creating,  48. 

Defects  in,  19. 

Duties  defined,  36. 

Formation  of,  43. 

Inventory  of,  24. 

Organized,  18. 

Plan  of,  15. 

Report  on,  26. 

Resolution  changing,  52. 
Department  of  Justice,  93,  103. 
Department  of  State : 

Act  creating,  53. 

Buildings  of,  199. 

E.xecutive  force  of,  97. 

E.xpenditures  of,  70. 

Formation  of,  43. 

Organization  in  1S29,  90. 

Seal  of,  102. 

Started,  61. 

Subdivisions  of,  89. 
Department  of  the  Interior,  84,  85, 

86,  87,  103. 
Dickinson,  John,  3,  14. 
Digest  of  International  Law,  etc., 
137- 


INDEX. 


209 


Digest  of  I'ulilishcd  ( )pinioiis,  etc., 

137- 
Diplomatic  liuieau,  94,  131. 
Diplomatic  Correspondence  of  the 

Revolution,  135. 
Disbursing  Clerk.     [^Scc  Bureau  of 

Accounts.) 
Dumas,  Charles  W.  F.,  4,  31,  34, 

41,  66. 
Du  Ponceau,  Peter  L.,  34,  200. 

Eden,  William,  2. 
Ellery,  ^Yilliam,  24. 
Encargado  de  negocios,  38. 
Evarts,  W.  M.,  145,  147,  205. 
Everett,  Edward,  204. 
Everleigh,  Nicholas,  24. 
Examiner  of  Claims,  92. 
Exequaturs,  104,  129. 
Expenditures    of    Department    of 

State,  70. 
Extradition  : 

Definition,  106. 

Instructions,  117. 

Warrants,  109. 

Fish,  Hamilton,  141,  205. 

Flagg,  Edmund,  150. 

Floyd,  William,  18. 

Foreign  Relations,  publication   of, 

134- 
Forsyth,  John,  204. 
Foster,  John  W.,  205. 
Franklin,  Benjamin,  2,  3,  5,  9,  19, 

II,  34,35.41.66. 


Franklin,  William  Temple,  34. 
Frelinghuysen,  Frederick  T.,  205. 

Gardogui,  Diego  de,  38. 
Garth,  Charles,  2. 
Gates,  General,  9. 
Genet,  66. 

Gerry,  Elbridge,  35. 
Gilmer,  Robert,  &  Co.,  73. 
Girard,  C.  A.,  9. 
Gresham,  Walter  Q.,  205. 

Harrison,  Benjamin,  3,  5,  7,  31. 
Hayward,  Thomas,  jr.,  7. 
Home  Department,  proposed,  50. 
Hooper,  William,  5. 
Hopkins,  Samuel,  81. 
Huntington,  Samuel,  14. 

Indexes  and  .\rchives,  IJureau  of. 
{See  Bureau  of  Indexes  and 
Archives.) 

Interior,  Department  of.  (^c'^"  De- 
partment of  the  Interior.) 

Inventory  of  Department  of  I'oreign 
Afiairs,  24. 

Izard,  Ralph,  5,  31. 

Jackson,  Andrew,  68. 

Jay,  John,  I,  3,  19,  t,t,,  35,  36,  41, 

42,  58,  59,  60,  203. 
Jefferson,  Thomas,  5,  34,41,58,  59, 

65,  70.  75.  81,  150,  174.  203. 
Johnson,  3. 
Jones,  Thomas  P.,  82. 


14 


2IO 


INDEX. 


"  I-al)or  Circular,"  148. 

"  Labor  in  Europe,"  149. 

Laborers,  98. 

Laurens,  Henry,  14,  34,  41. 

Laurens,  John,  41. 

Laws  of  the  United  States : 

Custody  of,  152. 

Distribution  of,  154,  162. 

Editor  of,  1 66. 

How  printed,  165. 

How  sold,  167. 

Pamphlet,  158. 

Pocketed,  166. 

Printing  and  collecting   of, 

153- 
Promulgation  of,  154. 
Revised  statutes,  164. 
SHp,  165. 

Statutes  at  Large,  166. 
Lear,  Tobias,  63,  75. 
Lee,  Arthur,  2,  4,  5,  6,  9,  15,  41. 
Lee,  Richard   Henry,   i,   5,   7,  8, 

10. 
Lee,  William,  6,  41. 
Legare,  LIugh  S.,  204. 
Lewis,  Mordecai,  73. 
L'Hommedieu,  39. 
Life,  Thomas,  2. 
Lithographer,  98. 
Little,  Brown  <S:  Co.,  159. 
IJvingston,  Edward,  204. 
Livingston,  Robert  R.,  18,  24,  30, 

32,  34,  35.  42,  43,  203. 
Louisiana,  District  of,  156. 
I^vell,  James,  7,  8,  15,  18,  31. 


McKean,  Thomas,  14. 
McLane,  Louis,  204. 
Mackenzie,  James,  73. 
Madison,  James,  31,  45,  75,  174, 

204. 
Marcy,  William  L.,  141,204. 
Marshall,  John,  204. 
Massachusetts,  agent  of,  2. 
Messengers,  98. 
Mexico,  treaty  with,  107. 
Michigan  Territory,  laws,  159. 
Monroe,  James,  151,  175,  204. 
Moore,  John  B.,  107. 
Morris,  Lewis  R.,  34,  35. 
Morris,  Robert,  5,  7,  lo,  I4. 
Morris,  Thomas,  6. 
Moustier,  66. 

Nelson,  John,  204. 
Neuville,  de,  &  Son,  31. 
New  Jersey,  agent  of,  2. 

Otis,  James,  39. 

Packer,  98. 
Paine,  Thomas,  7. 
Palfrey,  William,  14. 
Pardon,  warrants  of,  105. 
Parsons,  Samuel,  32. 
Passport  Bureau,  97,  193. 
Passports : 

Classes  of,  181. 

Early,  177. 

Fee,  180. 

Forms  of,  182. 


INDEX. 


21  I 


Passports — Continued. 

Granting  of,  176. 

Laws  of,  178. 

Regulations  of,  186. 
Patent  business,  tlic,  77. 
Patents : 

Board,  81. 

Superintendent,  82. 
Pennsylvania,  agent  of,  2. 
Pickering,  Timothy,  204. 
Pinckney,  Mr.,  73,  76. 
Pocketed  laws,  166. 
Postmasters,  commissions  of,  103. 
Public  lands,  86. 

Randolph,  Edmund,  24,  81,  203. 

Reed,  39. 

Remsen,  Henry,  jr.,  35,  36,  60,  63, 

64,  80. 
Revised  Statutes,  164. 
Revolutionary    War,     papers     of, 

174. 
Rolls  and  Library,  Bureau  of.     ( See 

Bureau  of  Rolls  and  Library.) 

Seal  of  the  United  States,  9,  55,  59, 

99,  100,  103,  104. 
Secret     Committee    of    Congress, 

3,6. 
Secretaries : 

For  Foreign  Affairs,  203. 
Of  State,  203. 
Secretary  for  Foreign  Affairs,  45. 
Secretary  of  Committee  of  Foreign 

Affairs,  7. 


Secretary  of  State: 

Acting,  48,  57. 

Assistant  provided  for,  92. 

Compensation,  61. 

Custodian  of  seal,  99. 

Jefferson  nominated,  59. 

Second  Assistant,  92. 

Third  Assistant,  92. 
Sedgwick,  Theodore,  52,  53.         . 
Seward,  F.  W.,  149. 
Sevi'ard,  \Mlliam  IL,  204. 
Short,  Mr.,  65. 
Slip  laws,  165. 
Smith,  Robert,  204. 
Smith,  William,  44. 
Solicitor,     Department     of     .State, 

93- 
South  Carolina,  agent  of,  2. 
Spain,  Commissioners  to,  5. 
Spanish  Minister,  38. 
Sparks,  Jared,  135. 
Statistical  Office,  95. 
Statistics,  Bureau  of.     {^See  Bureau 

of  Statistics.) 
Stewart,  Walter,  73. 
Stone,  Walter,  34. 
Strachan,  James,  73. 
Suffolk,  Earl  of,  2. 

Taylor,  George,  jr.,  64. 
Territorial  affairs  under  Department 

of  State,  85. 
Territory  of  Orleans,  156. 
Tetend,  John  P.,  34. 
Thomson,  Charles,  59. 


212 


INDEX. 


Thornton,  Dr.  William,  8i. 
Translator,    Department   of  State, 

96. 
Treaties : 

Engrossed     in    Diplomatic 
Bureau,  133. 

How  published,  159. 
Treaty  with  France,  9. 
Tucker,  39. 
Tuscany,  Commissioner  to,  6. 

Upshur,  Abel  P.,  204. 

Van  Buren,  Martin,  82,  204. 
Vaughan,  Mr.,  72,  74. 
V'ergennes,  Count,  4, 18. 


Vienna,  Commissioner  to,  6. 
Vining,  50,  52. 

Washburne,  Elihu  B.,  204. 
Washington,  George,  9,  43,  58,  60, 

63,  64,  68,  75,  174. 
Webster,  Daniel,  95,  204. 
Wentworth,  Paul,  I. 
Wharton,  Francis,  LL.D.,  137. 
White,  51. 

^Villing,  Morris  &  Swanwick,  73. 
Wilson,  John,  8. 
Witherspoon,  John,  5,  10,  31. 
Wythe,  George,  5. 

Yazoo  claims,  86. 


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